Chapter 20.620

     TEMPORARY USE PERMIT

Sections:

20.620.010 Purpose.
20.620.020 General provisions.
20.620.030 Permits required.
20.620.040 Temporary banner permits.

20.620.043 Temporary A-frame sign permits.
20.620.045 Temporary balloon and inflatable device permits.
20.620.050 Temporary use permit.
20.620.060 Application procedure.
20.620.070 Review criteria.

      20.620.010 Purpose.
      The purpose of this chapter is to regulate land use activities of a temporary nature so as to protect the public health, safety, and welfare.  The intent of these regulations is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and landowners, and to minimize any adverse effects on surrounding properties and the environment. (Ord. 763, 1996)   

      20.620.020 General provisions.
      A. Temporary uses shall be permitted only as specified in those zone districts where temporary uses are specifically permitted.
      B. A temporary use or structure which does not have a valid temporary use permit is declared to be a public nuisance, subject to the enforcement provisions of this code and other applicable laws.
      C. A change in ownership or operator of a use or structure subject to a temporary use permit, as specified in this chapter, or an approved change or modification to the structure or use  allowed on a parcel subject to a permit, shall not affect the time periods established by this chapter to allow the temporary uses or structures.
      D. When the last period of time allowed by this chapter has lapsed, the temporary use permit and any extension is void.
      E. Noncompliance with the conditions of approval for the use permit shall be grounds for the reviewing authority to cancel and void any permit for a temporary use.  The reviewing authority shall give notice of the action, along with the reasons for the action, to the permittee.  The permittee may appeal the decision by filing an appeal as allowed and specified in chapter 20.28.
      F. Except as otherwise provided in this chapter, the director is authorized to approve, conditionally approve or deny a permit for a temporary use.  The director may establish conditions and limitations, including but not limited to hours of operation, provision of parking areas, signing and lighting, traffic circulation and access, temporary or permanent site improvements, and other measures necessary to minimize potential effects on properties adjacent to and in the vicinity of the proposed temporary use.
      G. Except for temporary signage permits, the community development department may require a cash deposit or other security to defray the costs of cleanup of a site in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal or re-conversion of any temporary use to a permanent use allowed in the subject zone district. (Ord. 763, 1996)    

      20.620.030 Permits required.
      Applications for temporary uses and temporary sign permits must be filed with the community development department, planning division, along with the required fee, and shall be subject to the specified requirements and criteria and to any other additional conditions reasonably required by the county. (Ord. 763, 1996)   

      20.620.040 Temporary banner permits.
      A. A temporary banner permit is required for any business or civic organization which proposes to use a temporary banner for advertising purposes, except as provided in an approved outdoor festival and entertainment permit.  A temporary banner permit may be obtained and used with a temporary inflatable device permit.  Prior to the issuance of a permit, an applicant must provide evidence and certify that they will comply with the following:
            1. Prior to installation of a temporary banner, a temporary banner permit must be obtained by the business, unit of operation or civic organization.  The permit may be issued for a single event or for an entire calendar year or portion thereof;
            2. A temporary banner may be maintained for a period not to exceed ten consecutive days within any calendar month (maximum 120 days per calendar year);
            3. No more than one banner may be used per unit of operation;
            4. A banner must be securely affixed to a permanent structure or an alternative means as approved by the director;
            5. Maximum size of a banner is 32 square feet, except for signs permitted to span U.S. Highway 395 or U.S. Highway 50. (Ord. 801, 1997; Ord. 763, 1996)   

       20.620.043 Temporary A-frame sign permits.
       A. A temporary sign permit is required for any business or civic organization which proposes to use a temporary A-frame sign for advertising purposes, except as provided in an approved outdoor festival and entertainment permit.  Prior to the issuance of a permit, an applicant must provide evidence and certify that they will comply with the following:
          1. Prior to installation of a temporary A-frame sign, a temporary sign permit must be obtained by the business, unit of operation or civic organization.  The permit may be issued for the business, tenant, or civic organization and is nontransferable to any new tenant, business, or civic organization.
          2. No more than one A-frame sign may be used per unit of operation.
          3. A temporary A-frame sign may only be displayed during business hours or during the civic event.
          4. The A-frame sign must be placed in front of the unit of operation, adjacent to the storefront entrance, or on the site where the civic event is taking place, and must be securely affixed to the ground (bolted or weighted), and must not block a public sidewalk or public way.
          5. The maximum size of an A-frame sign structure is limited to 6 square feet in area, including sign support, with a maximum height of three feet, and a maximum width of 2 feet.
          6. The sign area must be designed as follows:
              a. A maximum of five square feet of sign area, which may include a logo.
              b. Sign area must be of uniform type and color.
              c. Sign display must be permanently affixed to the sign. Magnetic or decal lettering is acceptable.
              d. Erasable sign display is prohibited.
          7. The sign structure must be square or rectangle in shape with an overall design that is compatible with the business it serves, or compliments the streetscape.
          8. The A-frame sign must be made of durable, low-maintenance material, which will withstand extreme weather conditions. (Ord. 1137, 2005)


      20.620.045 Temporary balloon and inflatable device permits.
      A. A temporary inflatable device permit is required for any business or civic organization which proposes to utilize balloons or inflatable devices for advertising purposes, except as provided in an approved outdoor festival and entertainment permit.  A temporary inflatable device permit may be obtained and used with a temporary banner permit.  Before the issuance of a permit, an applicant must provide evidence and certify that they will comply with the following:
           1. Before installation of balloons or an inflatable device, a temporary inflatable device permit must be obtained by the business, unit of operation or civic organization.  The permit may be issued for a single event or for an entire calendar year or portion thereof;
            2. Temporary balloons or an inflatable device may be maintained for a period not to exceed five consecutive days within any calendar month (maximum 60 days per calendar year); and
           3. Balloons or inflatable devices must be securely affixed to the ground and may not exceed the height of the main on-site structure or 20 feet, whichever is greater. (Ord. 801, 1997)    

      20.620.050 Temporary use permit.
      A temporary use permit shall be required for the following temporary uses:
      A. Parking lot and sidewalk sales located within a commercially designated property, subject to the development standards and sign standards contained within this development code and including the following requirements:
            1. The sales shall be limited to not more than 12 days, including setup and tear-down, of operation in any 60 day period;
            2. One banner per street frontage may be utilized, provided the size of each banner does not exceed 32 square feet, except for signs permitted to span U.S. Highway 395 or U.S. Highway 50, and provided that the banner is securely affixed to a permanent structure or an alternative means as approved by the director and is displayed for no more than 10 days;
            3. One inflatable device, in addition to balloons, is permitted per event provided that the inflatable device and balloons are securely affixed to the ground and may not exceed the height of the main on-site structure or 20 feet, whichever is greater, and limited to a period of five consecutive days; and
            4. Pennants and pinwheels may be utilized provided that their height does not exceed the height of the main on-site structure or 20 feet, whichever is greater.
      B. Grand openings and anniversary events for businesses located within a non-residentially zoned property, subject to the development standards and sign standards contained within this development code and including the following requirements:
            1. The events shall be limited to a maximum of seven days, including setup and tear-down, and be held no more than once annually.
            2. One banner per business that is included in the grand opening or anniversary event may be utilized, provided the size of each banner does not exceed 32 square feet, except for signs permitted to span U.S. Highway 395 or U.S. Highway 50, and provided that each banner is securely affixed to a permanent structure or an alternative means as approved by the director;
            3. One inflatable device, in addition to balloons, is permitted per event provided that the inflatable device and balloons are securely affixed to the ground and may not exceed the height of the main on-site structure or 20 feet, whichever is greater, and limited to a period of five consecutive days;
            4. Pennants and pinwheels may be utilized provided that their height does not exceed the height of the main on-site structure or 20 feet, whichever is greater.
      C. Outdoor art and craft shows and exhibits, within an existing commercial center, subject to the following requirements:
            1. The event shall be limited to a maximum of 12 days, including setup and tear-down, of operation or exhibition in any 60 day period.
            2. One banner per street frontage may be utilized, provided the size of each banner does not exceed 32 square feet, except for signs permitted to span U.S. Highway 395 or U.S. Highway 50, and provided that each banner is securely affixed to a permanent structure or an alternative means as approved by the director;
            3. One inflatable device, in addition to balloons, is permitted per event provided that the inflatable device and balloons are securely affixed to the ground and may not exceed the height of the main on-site structure or 20 feet, whichever is greater, and limited to a period of five consecutive days;
            4. Pennants and pinwheels may be utilized provided that their height does not exceed the height of the main on-site structure or 20 feet, whichever is greater.
      D. Temporary office modules for construction sites.  The use of temporary structures, such as trailers or pre-fabricated structures for use as interim construction and businesses offices on active construction and lumbering sites may be permitted in any zone which allows the permanent use, subject to the following requirements:
            1. The director may approve a temporary office module for the duration of the construction project, or for a specified period of time;
            2. Installation of structures may occur only after a valid building permit (where required) has been issued by the county;
            3. The temporary office module installation must meet all applicable requirements of the county;
            4. Any permit issued pursuant to this chapter in conjunction with a construction project shall become invalid upon cancellation, expiration or issuance of the final certificate of occupancy use has been approved;
           5. The permitted office module shall be removed from the site within 30 days following the issuance of the final certificate of occupancy, completion of project or upon occupancy of the permanent sales office where the structure is used as a temporary sales office;
            6. No recreational vehicles shall be used for this purpose.
      E. Temporary office modules, other than construction sites.  The use of temporary structures, such as trailers or pre-fabricated structures for use as temporary headquarters for political parties or other similar uses may be permitted in any non-residential zone, subject to the following requirements:
            1. The director may approve a temporary office module for a period not to exceed 65 days.  A temporary office module may be located on the site no more than 60 days prior to any countywide election, special event or holiday and is to be removed within five days of the election day, special event or holiday;
            2. Installation of a structure may occur only after a valid building permit (where required) has been issued by the county;
            3. Vehicles or modular structures permitted pursuant to this chapter shall not exceed a maximum gross square footage of six hundred fifty square feet in size (tongue not included).  Where applicable, a valid Nevada vehicle license must be affixed to the vehicle; (Ord. 167)
            4. The temporary office module installation must meet all applicable requirements of this code;
            5. No recreational vehicles shall be used for this purpose.
      F. In-tract model home sales complexes.  A model home sales complex may be constructed within a recorded subdivision pursuant to the approval of a temporary use permit. One model within the tract may be used as an office solely for the sale of homes within the tract or complex. All complexes are subject to the following conditions:
            1. The sales office shall be located within a garage or the  main structure of one of the dwelling units within the complex. A modular office may be utilized on the site for up to 180 days;
            2. Model home sales complex approvals shall be valid for an initial period of three years, or as otherwise approved in the temporary use permit.  Upon expiration of the temporary use permit, the sales office shall be terminated, the structure restored to a residential use and all appurtenant structures related to the model home complex removed. Extensions may be granted by the director in one year increments until all units are sold;
            3. A cash deposit, letter of credit, or other security approved by the county, if applicable, shall be submitted to the community development department, in an amount to be established by the building official, to ensure the restoration of the sales office and the removal of parking facilities and other structures associated with the complex;
            4. The sales office is to be used only for transactions involving the sale, rent, or lease of lots or structures within the subdivision in which the sales office is located, contiguous subdivisions, phases or a planned community;
            5. Street improvements and temporary parking at a rate of two spaces per model, or a minimum of four spaces, whichever is greater, shall be completed as approved by the director, prior to commencement of sales activities or the display of model homes;
            6. All fences proposed in conjunction with the model homes and sales office are to be located outside the public right-of-way, except as approved by the county engineer. An encroachment permit will be required for any fence or structure proposed to be located within a public right-of-way;
            7. Signs are permitted and regulated pursuant to the applicable chapters of this title;
            8. Adequate on-site lighting may be required to ensure a safe and secure environment, while at the same time being designed and placed to prevent stray light or glare from becoming a nuisance factor for adjacent properties. The lighting design shall be submitted for review and approval of the director prior to the issuance of building permits on the subject site;
            9. Adequate paved access from a public right-of-way shall be provided to the model home complex and sales office per Part I, Division D of this title.
      G. Other. For those other uses identified as temporary uses, the director may approve a temporary use permit subject to the following:
            1. Installation of a structure may occur only after a valid building permit, where required, has been issued. (Ord. 801, 1997; Ord. 763, 1996)    

      20.620.060 Application procedure.
      Applications for any permits to establish temporary signage or uses, as described in this chapter, must be filed with the community development department in a manner prescribed by the director, along with the required fee as established by resolution of the board. (Ord. 763, 1996)    

      20.620.070 Review criteria.
      No temporary use shall be approved unless it can be determined that:
      A. The use will be compatible with adjacent uses and will not adversely affect the surrounding area by means of noise, odor, dust or other nuisances;
      B. Any increase in traffic resulting from the use will not adversely affect the surrounding area or county at large;
      C. The proposed use conforms with all applicable policies and ordinances of the county. (Ord. 763, 1996)