Waiving Certain Requirements for Temporary Uses or Special Events
Initiator
Planning Department
Recommendation
Approval is requested to Waive Section 3.2.63. C. and G.5.(A) of the Unified \n \n Development Ordinance regulating temporary uses and special events until \n \n January 1, 2007 in order to accommodate such uses during the holiday season.
Approval
Approved
Background
Section 3.2.63 of the Unified Development Ordinance (UDO) regulates temporary
and special event uses, requiring an application at least 30 days in advance of
the activity and those events lasting more than ten days to seek approval from
the City Council. The ordinance covers such activities as seasonal sales of
merchandise including pumpkins and Christmas trees, concerts and any similar
other event. Due to the upcoming holiday season, staff is beginning to see
activities of this type increase, with many of these operations unaware of the
requirements of this ordinance.
This section of the ordinance was developed to address temporary uses
throughout the community. Uses such as outdoor festivals, craft shows,
carnivals and similar outdoor amusements, flea markets, plant sales, parades on
public right-of-way, and seasonal sales of merchandise including pumpkins and
Christmas trees, concerts and any similar other events, are covered here. In
the past, temporary uses and special event uses have been a problem, with
little in the way of regulatory controls in place.
Analysis
The UDO attempts to address these needs, while providing certain requirements
to manage such activities. Several businesses (rug dealers, car sales,
Christmas trees sales, etc.) have requested permits to operate during the
holiday season for an extended period. Unfortunately, because of the 30 day
advanced application requirement, many of these businesses will not be able to
meet this section of the ordinance. It is due to this fact, staff is
recommending the 30 day requirement and approval from the City Council on
events more than ten days be waived until January 1, 2007. This will
accommodate those seasonal operations wishing to do business during this
holiday period without undue hardship. Any temporary use of this type will
still be required to provide a site plan, permission from the land owner to
operate a business on that site, bathroom facilities and required parking.
To address this problem, staff will put these operations and others on notice
that they must comply fully with this section of the UDO in the future.
Financial Considerations
None
Projected Annual Fiscal Impact Statement
Legal Considerations
The City Attorney has reviewed this action.
Recommendations/ Actions
Waive Section 3.2.63. C. and G.5.(A) of the Unified Development Ordinance
regulating temporary uses and special events until January 1, 2007 in order to