§ 35-391. Temporary Uses.
(a)
General. The director of development services may authorize the temporary use of a structure or property for a purpose that is not specifically permitted by the regulations prescribed for the zoning district in which the property is located, provided that such use does not involve the erection of a substantial structure or substantial alteration of the premises and is in accordance with the regulations specified below. The director may require that traffic control and/or security be approved by the police department as a prerequisite for approving any temporary use. A temporary use permit may be granted for the period of time indicated, subject to such conditions as will safeguard the public health, safety, convenience, and welfare of the general public and surrounding uses. All temporary uses shall comply with the noise limitations set out in chapter 21 of the City Code. Except where otherwise provided in subsections (b) through (h) a temporary use permit shall not exceed thirty (30) days. Establishment of a temporary use shall not confer any subsequent nonconforming rights on a property.
(b)
Circuses and Carnivals. These uses may be permitted in nonresidential districts in accordance with the following criteria:
(1)
No structure, tent, equipment, or mechanical ride shall be located within five hundred (500) feet of property used for residential purposes.
(2)
The site shall be a minimum of one (1) acre in size.
(3)
The maximum permitted time period shall be two (2) weeks.
(4)
The hours of operation shall be limited from 9:00 a.m. to 10:00 p.m.
(5)
An improved surface shall be provided in accordance with the definition of "all weather surface (temporary access)" in Appendix A.
(6)
Public restroom facilities shall be provided.
(c)
Christmas Tree Sales. This use is permitted within nonresidential zoning districts for a period not to exceed forty-five (45) days. A site plan shall be submitted to the director of development services to ensure that setbacks and clear vision area requirements are met.
(d)
Construction Offices and Equipment Sheds. These uses may be permitted in any zoning district incidental to a construction project. The office or shed shall not contain sleeping or cooking accommodations and shall be removed within ten (10) days after completion of the construction project.
(e)
Religious Meetings. Tent and open air church revivals or meetings may be permitted in nonresidential districts for a maximum period of thirty (30) days between the hours of 8:00 a.m. and 10:00 p.m.
(f)
Tents. Tents used for special events may be permitted for a period not to exceed one (1) week.
(g)
Oversized Vehicles. The parking of oversized vehicles within nonresidential districts may be permitted for a maximum of fifteen (15) days in conjunction with conventions, trade shows, or other similar events sponsored by organized groups with the prior written approval of the director of development services. If the police chief, director of public works, and director of health determine that no health, safety, or traffic hazard or other potential nuisance will be created, approval by the director shall be granted. Oversized vehicles shall not discharge any litter, sewage effluent, or other matter except into sanitary facilities designed to dispose of such materials.
(h)
Cellular on Wheels (COW). A temporary permit may be issued to a wireless telecommunications provider for the use of a COW or similar temporary wireless communication system in accordance with the following regulations:
(1)
Declared Emergencies. In the event of an emergency declared by a local, state or federal authority, a COW may be deployed in any zoning district for a period of thirty (30) days. The temporary permit may be renewed for as long as the declared emergency continues, but in no event beyond ninety (90) days.
(2)
Special Events. The use of a COW to cover a special event that requires expanded network capacity is permitted in nonresidential zoning districts for a period not to exceed twenty (20) days.
(3)
Expanded Network Capacity. In nonresidential zoning districts, a COW may be deployed to provide temporary expanded network capacity for a period not to exceed forty-five (45) days. The temporary permit may be renewed for one (1) additional forty-five-day period. In no event shall a COW remain on the property or location for more than ninety (90) calendar days. The following additional requirements apply to a temporary permit issued under this subsection 35-391(h)(3):
A.
Any temporary placement of a COW over the ERZD must comply with the Edwards Aquifer Recharge Zone District Overlay Regulations found in section 35-332.
B.
A COW shall not be temporarily located within five hundred (500) feet of property used for residential purposes.
C.
A six-foot fence shall secure the perimeter area of the site where a COW is temporarily located.
D.
A COW deployed under this section, shall not be placed on city right-of-way, but may be located on other city owned property provided the applicant pays the fee prescribed by subsection 35-391(h)(5).
(4)
Compliance with Right-of-Way Regulations. If a COW is placed on city right-of-way due to a declared emergency or to cover a special event, the applicant must comply with the city's right-of-way management ordinance, Ordinance No. 93319 (January 25, 2001), as administered by the right-of-way management office. In the event of a declared emergency, this requirement may be waived in order to protect the public health and safety.
(5)
Compensation for Use of City Property. A COW may be placed on a temporary basis on City property, provided the applicant pays a per day parking fee in accordance with section 35-C115, payable at the time the temporary permit is requested for the number of days the permit is issued. This fee will be waived when the deployment of the COW is due to a declared emergency.
(6)
Permitting Fee. A temporary permit issued pursuant to this section 35-391 shall be subject to the fee schedule in section 35-C115.
(i)
Event Parking. The director may permit temporary event surface parking in nonresidential zoning districts and special zoning districts in accordance with the following criteria:
(1)
No structure, tent, or equipment shall be located within two hundred (200) feet of property used for residential purposes.
(2)
The site shall be a minimum of twenty thousand (20,000) square feet in size.
(3)
The maximum permitted time period of event parking shall be ten (10) days. No more than thirty (30) total days per calendar year may be permitted at the same location.
(4)
The hours of operation shall be limited from 8:00 a.m. to 10:00 p.m. where abutting single-family land uses.
(5)
An improved surface shall be provided in accordance with the definition of "all weather surface (temporary access)" in Appendix A.
(6)
The parking shall comply with "EP" facility parking district, if applicable, and any other overlay zoning district requirements that exist on the property, as applicable.
(7)
Any lighting facilities shall comply with section 35-392.
(8)
Any signage shall comply with chapters 28 and 35 of the City Code.
(Ord. No. 97568 § 2) (Ord. No. 98697 § 4 and 6) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2010-11-18-0985, § 2, 11-18-10) (Ord. No. 2012-10-18-0829, § 2, 10-18-12)