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HomeMy WebLinkAbout8.3 Attch 3 Amended Chapter 8.108TEMPORARY USE PERMIT Chapter 8.108 CHAPTER 8.108 TEMPORARY USE PERMIT 8.108.010 Purpose. The purpose of this Chapter is to establish a procedure for approving minor temporary land uses that meet established development review standards and are acceptable because of their temporary nature. The permitted minor temporary land uses are those specified in Section 8.108.020 and other temporary land uses determined to be similar by the Director of Community Development. Rev. Ord. 20-06 (November 2006) 8.108.020 Uses Permitted With A Temporary Use Permit. All Temporary Use Permits must conform to the following standards to be approved. No Temporary Use Permit may be renewed unless otherwise indicated by this Chapter: Rev. Orr. 17-99 (611199) A. Arts and Crafts Fair. A temporary event offering for sale goods and merchandise which are handmade or hand-crafted items for sale by the original artist. Fairs may only be conducted when sponsored by a Dublin-based place of worship, school, neighborhood group, or non-profit non-restrictive civic or service organization. Each individual Arts and Crafts Fair shall be limited to a maximum of 3 consecutive days, and no business may participate in more than 6 events during a one-year period, subject to standards established by the Director of Community Development. B. Automobile Dealership Promotional Tent Sales. A temporarv event promoting auto sales. A Promotional Tent Sale shall be permittcd subject to the following conditions: 1. The duration of Automobile Dealership Promotional Tent Sales for any one dealership shall, be limited to a maximum of 70 days per calendar year. 2. Any single Promotional Tent Sale shall last no longer than 30 days. 3. The total square footage of all temporary tents utilized during an Automobile Dealership Promotional Tent Sale at a auto dealership site at any one time shall be no more than 2,000 square feet. 4. The location of temporary tents shall be subject to review and approval by the Planning Division Building Division Public Works Department, and Fire Prevention Bureau. s. No advertising or logos are permitted on any temporary tent canopy. 6. No items shall be attached to any temporary tent. 7. Promotional Tent Sales shall be subject to standards established by the Director of Communityi Development. C. Automobile/Vehicle Storage Lots. An Automobile/Vehicle Storage Lot (as defined in Section 8.08.020, Definitions) may be permitted as a temporary land use in C-2, General Commercial zoning districts or comparable PD, Planned Development Zoning Districts, for a period not to exceed six consecutive months. The Director of Community Development or his/her designee may allow for one three-month extension upon written request, submitted at least 14 calendar days prior to the expiration of the permit. The written request must include a reason for the extension other than to simply continue the use. Once a permit has expired, it shall not be renewed. A minimum waiting period of one (1) continuous year between permits is required. The storage of vehicles shall be limited to those vehicles belonging to an established Dublin City of Dublin Zoning Ordinance 108-1 September, 1997 Amended,October 2010 Deleted: November 21, 2006 ATTACHMENT 3 TEMPORARY USE PERMIT Chapter 8.108 based business. The storage lot shall not be open to the public nor shall any sales transactions take place at the approved storage lot location. A maximum of one temporary use permit shall be granted per location. For the purposes of this subdivision, "location" shall refer to an address, a parcel, or a shopping center, whichever is larger, as determined by the Director of Community Development. A temporary use permit shall be denied if it is determined that the Automobile/Vehicle Storage Lot would eliminate parking required for another use pursuant to Chapter 8.76 of this Code. In no case shall an Automobile/Vehicle Storage Lot be established within 100 feet of a heavily traveled roadway. Whether a roadway is heavily traveled shall be determined by the Director of Community Development. The establishment and operation of the use must comply with all standards developed by the Director of Community Development. I). Carnival. An event intended to serve a public need by providing a community service or special entertainment event for the Dublin community which is normally only provided as a temporary and/or seasonal activity. Each individual carnival event shall be limited to a maximum of i consecutive days, including setup and break down, and no business or sponsor may participate in more than 2 events during a one-year period, subject to standards established by the Director of Community Development. E. Christmas Tree Sales Lot. A Christmas Tree Sales Lots is permitted for a maximum of 60 days subject to standards established by the Director of Community Development. G. Farmers Market. An event offering for sale produce, food items, and related goods and merchandise by certified growers authorized to sell directly to consumers„ Each individual Farmers Market shall be limited to one day per week subject to standards established by the Director of Community Development. H. Festival/Street Fair. Each individual Festival, Neighborhood/Place of Worship/School Festival, and Street Fair of a not-for-profit nature, shall be limited to a maximum of 2 consecutive days and shall not occur in the same location more than 2 times a year, subject to standards established by the Director of Community Development. 1. Newspaper Recycling Bin. A single Newspaper Recycling Bin used for the deposit and collection of newspapers by the general public may be permitted for a period not to exceed one year subject to standards established by the Director of Community Development, if sponsored by a Dublin-based bona-fide church, school, neighborhood group, or by a Dublin-based non- profit, non-restrictive civic or service organization if it is located on the site of a lawfully existing principal use. This permit may be renewed by means of another Temporary Use Permit. .1. Office Trailer - Commercial. Occupancy of a commercial office trailer during the period of construction or remodeling of a permanent commercial or industrial structure(s), for which a valid building permit is in force, in any Commercial or Industrial zoning district subject to standards established by the Director of Community Development. K. Outdoor Event by an Established Business. An Outdoor Event shall be limited to a maximum of 4 consecutive days, with a maximum of 2 such events during a calendar year. City of Dublin Zoning Ordinance 108-2 September, 1997 Amended October 2010 _ - Deleted: Rev. Ord 16-04 (4-20-04 Deleted: 2 Deleted: products, which are, produced on land the producer controls Deleted: I (Fireworks Sales deleted per - Ord. 16-02 (Navember 2002))¶ Deleted: November 21, 2006 TEMPORARY USE PERMIT Chapter 8A08 Outdoor Events are distinguishable from Outdoor Sales by Established Businesses in that Outdoor Events do not involve the commercial sale of merchandise, but are promotional in nature or for charitable or fundraising purposes. Examples of Outdoor Events by an Established Business include car shows hosted by non-auto oriented businesses or similar events. L. Outdoor Sales by an Established Business. Each individual Outdoor Sale by an Established Business shall be limited to a maximum of 4 consecutive days, with a maximum of 6 such events during a akendar vear. A minimum waiting period of 3 consecutive calendar days Deleted: one-Year penod between Temporary Use Permits is required. Each outdoor Sales event by an established business shall be subject to standards established by the Director of Community Development. Rev. Ord 20-06 (November 2006). Parking lot sales shall not utilize more than 10% of-the reguimgdporKing for the business. M. Outdoor Skating Rink. An outdoor skating rink may be permitted subiect to the following conditions: Maximum of 60 operational davs ocr calendar vear nlus one week for settm and one week for removal. 2. Outdoor skating rink shall not utilize more than 10'% of the required parking for the business where the outdoor skating nnk is located. 3. Outdoor skating rinks shall be subiect to standards established by the Director of Cam nrun i ty Development N. Pumpkin Sales Lot, A Pumpkin Sales lot is permitted for a maximum of 60 days subject to standards established by the Director of Community Development. P. Storage Container (lion-Residential). This use includes metal shipping containers used for the storage of materials and does not include containers associated with construction or located in a Residential Zoning District. The permit may be for one container per business or parcel for no more than one year subject to standards established by the Director of Community Development and may be renewed by means of another Temporary Use Permit. Letters must be submitted certifying that the Alameda County Department of Environmental Health, the Alameda County Fire Department and appropriate City Departments have given approval of the materials stored and the methods used before the permit will be issued. Storage Container (Residential). This use includes metal shinning containers used for the storage of materials, and does not include containers associated with construction. A Temporary Storage Container may be pcnnitted for a maximum time period of 15 days per calendar year if used for the purposes of storing materials relating to home improvement projects that do not require a building permit. 'I his Temporary Use Pennit is subject to the following conditions: 1 Container must be located on private property, and may not be located in the public right of-way. Deleted: NImmber21, 2006 City of Dublin Zoning Ordinance 108-3 September, 1997 Amended.October 2010 TEMPORARY USE PERMIT Chapter 8.108 ?. Container must be located on a paved surface. ?. Container may be located in the rear vard. 4. No more than one container per residential parcel is permitted. 5. Construction-Rclated'femporary Storage Containers shall be subject to standards established by the Director of Community Development. F. Construction-Related Temporary Uses. The following types of construction-related Deleted: L. Temporary temporary uses may be permitted with approval of a Temporary Use Permit: Construction Trailer. 1_Temporary Construction Trailer. A Temporary Construction Trailer located on a utilized dur ngconstr L wil may be permitted+subject to standards development site and Deleted: during the period of _ . - --- established by the Director of Community Development, on the same premises. c en of the buildings or lots on a development site 2. Temporary Storage Container. This use includes metal shippjntticontajners used for the storage of materials. A temporary storage container associated with construction ;hat meets Deleted: in residential dismcts a] I of the following conditions; Deleted: may be pertained pursuant to a)-Jemporary storage container in conjunction with remodeling or reconstruction work atg this section project site with an active buildin,pei_mit and shall he located on-the roJect site., For Deleted: Request is to locate a t construction on a glade parcel (not part of a larger development project). a Temporarv Deleted: the Use Permit can be issued for a maximum of 90 days. with the option _to. renew at the Applicant's request if the project still has a valid building permit and substantial pr ress is bejngmade t-1 ards completion of the project. The plicant may request a 90-day extension but must provide proof of recent building inspections or other demonstration of Eoc rqs, . Container must be located on private property, and may not be located in the public right-of-way. Container must be located on paved surfacer Deleted: dnvev ay or other paved d) Container may be located in the rear yard, Deleted: , not in other front yard or e) No more than one container per residential parcel is permitted. landscaped areas f)__ Construction-Related Tem oma Stora<=e Containers shall be subject to standards -_______ -?-_ __ .t>-_ _.-_-_ -_I_-_ Deleted: Rev. Ord. 20-06 (November ? established by the Director of Community Development. 2006) 3. Construction Equipment Storage Yard. A construction equipment storage vard includes both storage containers and construction cc Uipment associated with construction on a commercial industrial or rgsideg.!W.proiect site subject to_the_standards _established by the Director of Community Development, on the same premises. A construction equipment storage yard shall be located on the project site. R. Temporary Mobile Home/Manufactured Home. Occupancy of a Mobile Home/Manufactured Home during the period of construction of permanent living quarters for which a valid building permit is in force, on the same premises, subject to standards established by the Director of Community Development in any Agriculture or Residential zoning district. S. Tract and Sales Office/Model Home Complex. This use includes tract and sales offices and model home complexes within approved developments, and accessory signs, landscaping, and Deleted: November21, 2006 City of Dublin Zoning Ordinance 108-4 September, 1997 Amended.October 2010 TEMPORARY USE PERMIT Chapter 8.108 parking facilities. This temporary use is in effect during the period of construction and original sale of the buildings or lots in a new development subject to standards established by the Director of Community Development. 0. Similar Uses. A use that is, in the determination of the Communitv Development Director similar to any of the specific uses contained in Section 8.108.020, temporary in nature, and arc compatjhle_with _the surroundin arga_and the -Z._oningDistnct in which the use is located. Such similar uses shall also be subject to any provisions applicable to the specific use contained in Section 8.108.020. 8.108.022 Tvpe of Temporarv Use Permits: Major and Minor A. Maior Temporarv Use Permit. Anv Applicant seeking a Temporary Use Pennit for any fem o?rary use listed in Section 8.108.020 that due to its.size location or hours of operation, requires City of Dublin Staff to be on site during, the event or duration of the temporary use, to monitor the event in some way, or to conduct inspections not.cov_ered through another permit shall be required to obtain a Major Temporarv Use Permit. Examples of temporary uses req<iiring a Major Temporary Use Permit include an event which draws so many participants that lanes of traffic arc closed and safety personnel arc required to be on hand to direct traffic ito parking areas. B. Minor Temporary Use Permit. All other types of Temporarv Uses listed in Section 8.108.020 shall be required to obtain a Minor Tem orarv Use Permit. 8.108.030 Application. The Applicant shall submit a complete application pursuant to Chapter 8.124, Applications, Fees and Deposits, accompanied by a fee, written description of the proposed temporary use with hours and duration of operation, the written authorization by the property owner, and a diagram of the proposed temporary use (including pedestrian and automobile circulation) and other information as may be required by the Director of Community Development. The Director of Community Development will determine whether the "Temporary Use Permit is major or minor for the purposes of fee paynnent. 8.108.040 Approval. The Director of Community Development or his/her designee may approve a Temporary Use Permit upon finding that the project meets all standards established by the Director of Community Development for that permit, including but not limited to, compliance with applicable requirements of the State of California, review and approval by City Departments, compliance withpther local codes and ordinances; and meets the requirements of this Title on forms approved by the Director of Community Develo menC----------- - P 8.108.050 Expiration Of Temporary Use Permit. A Temporary Use Permit shall expire upon the date shown on the stamped approved diagram and/or written statement accompanying the application. City of Dublin Zoning Ordinance 108-5 September, 1997 Amended,October 2010 - Deleted: and Deleted:. Approval shall consist of an initialed and dated stamp of approval on the diagam and written statement accompanying the application Deleted: November 21, 2006