18.76.080 Temporary nonconforming uses.
Permits for temporary nonconforming uses of property may be granted by the city council under the following procedures, terms, conditions and limitations:
(1) Temporary nonconforming uses shall be subject to the following conditions and limitations:
(a) No temporary nonconforming use shall be permitted for a period in excess of 120 days.
(b) No temporary use permit shall be granted unless it is determined that the proposed use will not adversely affect property within the neighborhood. For purposes of this section, “neighborhood” is defined as property within 300 feet of the proposed use.
(c) Temporary use permits shall be made subject to such conditions and limitations as will protect the public health and safety.
(d) If a temporary nonconforming use cannot be so limited or conditioned as to make it safe, or if such use would involve a violation of any safety or building code, or other ordinance of the city, or law of the United States or the state of Oregon, then a permit for such use shall be denied.
(2) Applications for a temporary nonconforming use permit shall be made to the city administrator and shall contain the names and addresses of the applicant and the owners and possessors of the property involved, the zone within which such property is situated, a description of the use proposed for such property, the dates or times proposed for such use, and any proposals for handling traffic, parking, public safety and protection of adjoining properties from any adverse affects from such use.
(3) At a meeting held not later than 45 days after the filing of such application the planning commission shall hear and consider such application and make its recommendation to the city council concerning whether or not such application should be granted, together with any suggested terms, conditions and limitations for the permit.
(4) In the event that the proposed use is to be for a period longer than three days, then the application shall be accompanied by a fee set by resolution of the city council, and a hearing shall be held by the planning commission with the same notice as is provided for a variance under the terms of this title.
(5) After receiving a recommendation from the planning commission, the council may grant or deny a permit for a temporary nonconforming use, and may make any permit subject to such conditions, limitations and terms as may be necessary or convenient for the protection of the public health, safety and welfare. (Ord. 1952 § 1(4), 2006)