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Temporary Use Permit


Exceprt from the Orange Municipal Code, Title 17, Chapter 17.10

Purpose and Intent. The City recognizes that certain types of land use, due to the nature of the use, require special individual review. The intent of this section is to accommodate reasonable requests for interim, temporary or seasonal uses within any zoning district, when such activities are desirable for the community in the short term but would have detrimental effects if allowed to continue on a permanent basis. Temporary uses allowed under this section shall be sensitive to the health, safety and general welfare of persons residing and working in the community and shall be conducted so as not to cause any long term detrimental effects on surrounding properties and the community. This section does not supersede existing regulations pertaining to specific temporary uses included in other code sections. The issuance of a temporary use permit does not confer any land use entitlement or property right to the holder of the permit. This permit is revocable with or without cause upon thirty (30) days written notice to the permit holder, unless violations of public health, safety or welfare are occurring, in which case the permit will be immediately revocable.

 
Initiation and Application. Application for temporary use permits shall be filed on forms furnished by the Community Development Department at least thirty (30) days prior to initiation of the use. Applications for temporary uses shall contain the following information:
1. The name and address of the sponsoring business or organization;
2. The proposed location of the temporary use;
3. The name and address of the party responsible for the temporary use;
4. A list of communities in California where the temporary use has been previously conducted by the party responsible for the temporary use;
5. The number of persons who will be engaged in conducting the temporary use, if applicable;
6. A plot plan showing the entire property in addition to that portion of the property to be used to conduct the temporary use, including an exact description and plot plan describing the total extent of any off-street parking area which would be occupied for the purpose of conducting the temporary use;
7. A completed property owner affidavit; and
8. Such other information as shall be required by the Community Development Director.
 
Temporary Use Permit for Uses of Limited, Specific Duration (Nonrecurring). Nonrecurring temporary uses, located within any zoning district in the City, except as specified in this section, shall include:
1. Modular buildings used for classrooms or offices;
2. Outdoor storage;
3. Swap meets;
4. Other temporary uses of a similar nature as determined by the Community Development Director.
5. Procedure. The Staff Review Committee, as established by Section 17.08.020 E of this title shall serve as the initial reviewing body for nonrecurring temporary use permits. Once an application for a nonrecurring temporary use permit has been deemed complete, the Staff Review Committee shall consider and make a recommendation to approve, approve with conditions or deny the permit. The recommendation shall be forwarded to the Zoning Administrator. The Zoning Administrator, in reviewing the application, shall review the recommendations of the Staff Review Committee and shall act to approve, approve with conditions, or deny the application. Zoning Administrator action shall be deemed final.
6. Design Review. Nonrecurring temporary uses on properties located within the Old Towne Historic District shall require the approval of the Design Review Committee prior to the establishment of the temporary use permit.
 
Temporary Use Permit for Annual, Seasonal, or Recurring Uses. Annual, seasonal or recurring temporary uses, located within any zoning district in the City shall include:
1. Off-site agricultural sales including, but not limited to, Christmas tree lots, pumpkin patches and strawberry stands;
2. Temporary holiday storage containers/trailers and outdoor storage containers/trailers ancillary to an existing permitted use; and
3. Other annual, seasonal or recurring temporary uses of a similar nature as determined by the Community Development Director.
4. Duration. Annual, seasonal, or recurring temporary uses may be allowed for a maximum time period of six months.
5. Procedure. The Staff Review Committee, as established by Section 17.08.020 E of this title shall serve as the initial reviewing body for recurring temporary uses. Once an application for a temporary use permit has been deemed complete, the Staff Review Committee shall consider and make a recommendation to approve, approve with conditions or deny the permit. The recommendation shall be forwarded to the Community Development Director or his or her designee (director). The director, in reviewing a temporary use permit application shall review the recommendations of the Staff Review Committee and shall act to approve, approve with conditions, or deny the application. The director’s action shall be deemed final.
 
Conditions of Approval. In granting any temporary use permit, the reviewing authority may prescribe appropriate conditions and safeguards in conformity with this section. Violation of such conditions and safeguards, when made a part of the terms under which the temporary use permit is granted, shall be deemed a violation of this code and punishable under this code. The reviewing authority may prescribe a time limit within which the action for which the temporary use permit shall be started, completed, or both. Conditions of approval may include, but are not limited, to:
1. Regulations of hours and days;
2. Requirements of bonds or other guarantees for cleanup or removal of structures or equipment;
3. Return of temporary use site to its original state within a specified period of time;
4. Regulation of permit duration;
5. Regulation of signs and advertising;
6. Regulation of lighting;
7. Regulation of public-address or sound system;
8. Regulation of gas, smoke, noise, fumes, vibrations or other nuisances;
9. Regulation of design features including, but not limited to, size, colors, material, architectural details and landscaping;
10. Referral to the Design Review Committee; and
11. Such other conditions as are deemed necessary to protect the health, safety and welfare of the community and to assure compliance with the intent and purpose of this section.
 
Criteria for Review. The reviewing authority shall consider the following criteria in granting a temporary use permit:
1. That the temporary use permit is compatible with the various provisions of this chapter;
2. That the temporary use is a reasonable use of land compatible with the general plan land use designation and zoning classification;
3. That the temporary use will not impede the reasonable use of land, or the orderly development of land in the immediate vicinity;
4. The temporary use will not adversely affect the adjacent uses, buildings or other structures;
5. That the temporary use will not endanger the public health, safety or general welfare;
6. Provisions for adequate traffic access/circulation, off-street parking and pedestrian safety have been provided and will be maintained during the operation of the use or activity; and
7. That the granting of the temporary use permit is made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant.
 
Revocation. This permit may be revoked by the City for any reason in the sole and absolute discretion of the Community Development Director, or his or her designee, upon thirty (30) days written notice, or immediately in the event that the permittee, as determined by the Community Development Director, or his or her designee, is in violation of any law or activity that endangers the public health, safety, or general welfare.
 
Expiration. Permits for nonrecurring temporary uses shall not exceed a one year time period. Any nonrecurring temporary use exceeding one year must reapply. In no case shall any nonrecurring temporary use be allowed for more than two years. Annual, recurring temporary uses must be reapplied for each year. (Ord. 3-02)

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