Administrative Approval of a Temporary Land Use Permit.
1. Notwithstanding any provision to the contrary contained in
Subsection A, if the City Council has previously approved a resolution authorizing a certain use of land on a temporary basis, the City Manager may approve or disapprove an application for a new temporary land use permit that authorizes the same or similar use of land on a temporary basis; provided, however:
a. That the term of a temporary land use permit approved under this Subsection shall not exceed 30 days, except that the term of a temporary land use permit for a carnival, fair, circus or amusement facility or function, or a use similar thereto approved under this Subsection shall not exceed 14 days;
b. That the City Manager may impose any conditions that he or she deems necessary to ensure that the conditions of construction or operation associated with the temporary use will not be inconsistent with the intent of the use of land according to the established zoning district; and
c. That all buildings or other structures which are erected or located on property in connection with the temporary use shall be removed not later than two days after the same time period for which the use is approved as set forth in the permit, or sooner if specified in the conditions of approval.
2. To the extent the City Manager is authorized to take action on an application for a temporary land use permit under this Subsection, the following procedures shall apply:
a. Within 30 days of the City's receipt of the application, the City Manager shall approve the application, disapprove the application, or refer the application to the City Council for action consistent with
Subsection A.
b. Prior to the City Manager taking action on an application for a temporary land use permit, owners of property located within 200 feet of the proposed location of the temporary use shall be given notice of the proposed temporary use, the proposed location of the temporary use, and the proposed date or dates of the temporary use. Such notice (1) shall inform an owner that the owner may submit comments to the City Manager regarding whether the proposed use should be authorized and (2) shall specify a date by which such comments must be received by the City Manager, which shall be at least 10 days after the date on which notice was given. The notice requirement of this Subsection shall not apply if the City Manager refers the application to the City Council for action consistent with
Subsection A.
c. An applicant for a temporary land use permit who is contesting the City Manager's disapproval or conditional approval of the applicant's application, or the interpretation or application of any rule, standard, regulation, determination or requirement related thereto, directly or by delegation of authority, shall have the right to appeal by submitting to the City Manager a written request for a hearing setting forth fully the grounds for the appeal within 14 days of the action that the applicant wishes to contest. If an applicant requests a hearing under this Subsection, the City Manager shall refer the application and request for a hearing to the City Council for action consistent with Subsection A. If an applicant does not submit a written request for a hearing within 14 days of the City Manager's action under this Subsection, the City Manager's action shall be final and conclusive.
3. Temporary uses authorized under this Subsection shall not be considered as established uses of land.
Miscellaneous.
1. A review fee as set forth in the adopted Fee Schedule shall accompany each request for approval of a temporary use as described above.
2. For purposes of this subsection the term "one day" shall have the following meaning: A time period which begins no earlier than 8:00 a.m. and ends no later than 10:00 p.m. on the same day.
