§ 15-2760. TEMPORARY USES.

This section establishes standards for certain uses that are intended to be of a limited duration of time and that will not permanently alter the character or physical facilities of the property where they occur.

A.

Temporary Uses Not Requiring a Temporary Use Permit. The following types of temporary uses may be conducted without a Temporary Use Permit. Other permits, such as building permits, may be required.

1.

Yard/Garage Sales. Garage sales of personal property conducted by a resident of the premises may be conducted in accordance with the following standards.

a.

Number. No more than four garage sales shall be conducted on a premise in any calendar year.

b.

Nonprofit Organizations. A nonprofit organization may conduct a yard sale at the residence of one or more of its members pursuant to all of the requirements of this section. One such sale may be held per year without such sale being deemed one chargeable to the premises in question for the purpose of applying the four sales per year limitation set forth in Subparagraph 1 above.

c.

Time Limitations.

i.

No single sale event shall be conducted for longer than two consecutive days.

ii.

Garage sales shall not be held for more than two consecutive weekends. Each weekend that sales are conducted constitutes a single sale event.

iii.

Garage sales may only be conducted between the hours of 7 a.m. and 7 p.m.

d.

Display Area. Property offered for sale at a garage sale may be displayed only on the property of the residence.

e.

Signs. Signs may be displayed only during the hours the garage sale is actively being conducted and shall be removed at the completion of the sale. No signs shall be placed on utility poles or cabinets or in the public right-of-way.

f.

Permitted Products. The conduct of general retail sales or commercial activities in residential zones, except as is otherwise expressly authorized under this Ordinance, shall be prohibited.

g.

Block Sales. Block Sales that include a closure of a street shall obtain a street closure permit from the Public Works Department.

2.

Nonprofit Fundraising. Fundraising sales are permitted on a site by a nonprofit organization, with the owner's permission. Nonprofit fundraising shall not exceed 30 calendar days per year on any single site. Sites shall be cleared of all merchandise and shall be cleaned daily.

3.

Nonprofit Fundraising Events. Outdoor events for fundraising purposes may be permitted on a site, however events shall be for non-commercial purposes and shall not directly benefit the establishment where the event is held. No site shall hold more than three events per year, while events shall not last more than three consecutive days.

4.

Temporary Carwashes for Fundraising. Temporary vehicle carwashes may be conducted in accordance with the following standards.

a.

The site shall be developed with Commercial, Industrial, and/or Public Uses (i.e., Civic, Institutional).

b.

No more than two carwashes shall be conducted on a site in any given month.

c.

No event shall be conducted for longer than two consecutive days.

d.

Carwashes may be conducted between the hours of 7 a.m. and 7 p.m.

e.

The site shall be paved with an impervious surface.

f.

Signs may be displayed only during the carwash and shall be removed at the end of the carwash. Signs shall not be placed on utility poles/structures or in the public right-of-way.

g.

Vehicles, either being washed or in queue to be washed, shall not block required drive aisles, drive approaches, and/or public rights-of-way.

h.

Appearance. When a Temporary Carwash is not in operation, all evidence of its use must be removed from the site including all tables, tents, temporary membranes, canopies, barricades, products, signs, litter, etc. The parking lot must be left in a clean condition.

i.

Refuse/Litter. The operator shall provide waste removal and shall be responsible for collecting trash and recycling after each event, including in the parking lot.

5.

Moving Trailers/Portable Storage. Refer to Article 24, Parking and Loading

6.

Temporary Construction Office Trailers. On-site temporary construction offices are permitted during the period of construction.

B.

Temporary Uses Requiring a Temporary Use Permit. Other temporary uses may be permitted pursuant to Article 54, Temporary Use Permits, subject to the following standards. Additional or more stringent requirements may be established through the Temporary Use Permit process in order to prevent the use from becoming a nuisance with regard to the surrounding neighborhood or the city as a whole.

1.

Permanent Outdoor Display and Sales. Refer to Section 15-2745, Outdoor Retail Sales.

2.

Seasonal Sales. The annual sales of holiday related items such as Christmas Trees, pumpkin lots/patches and similar items may be permitted in accordance with the following standards:

a.

Time Period. Seasonal sales, including Christmas Tree and pumpkin lots, associated with holidays are allowed up to a month preceding and one week following the holiday.

b.

Goods, Signs, and Temporary Structures. All items for sale, as well as signs and temporary structures, shall be removed within five days after the end of sales, and the appearance of the site shall be returned to its original state.

c.

Parking. The Director may require a shake-off area or alternative design to ensure that dirt is not deposited onto public streets.

3.

Temporary Outdoor Display and Sales. Temporary Outdoor Sales, including, but not limited to, grand opening events, and other special sales events, shall obtain a Temporary Use Permit and shall be subject to the following:

a.

Relationship to Principle Use. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the same site.

b.

Display Locations.

i.

If located in the public right-of-way, an encroachment from the Public Works Department is required.

ii.

Location of the displayed merchandise may not disrupt the normal circulation of the site, nor encroach upon driveways, pedestrian walkways, or required landscaped areas; or obstruct sight distances; or otherwise create hazards for vehicle or pedestrian traffic.

c.

Building Setback of 15 Feet or Less. Merchandise shall be no closer than 15 feet from a public street unless the building is located closer to the street. If so, merchandise may be located closer than 15 feet.

d.

Building Setback Greater Than 15 Feet. Outdoor sales shall be located entirely on private property outside any required setback (or landscaped planter in zoning districts that do not have required setbacks), fire lane, or fire access way. A minimum setback of 15 feet from any public right-of-way is required.

e.

Hours. Outdoor events may only be held during the normal business hours of the establishment.

f.

Number of Events. No more than six events at one site shall be allowed within any 12-month period. Events shall not last more than five days per event and there shall be a minimum of 14 days between events.

g.

Existing Parking. The available parking shall not be reduced to less than 90 percent of the minimum number of spaces required by Article 24, Parking and Loading.

h.

Tents/Structures. Temporary canopies and shade structures may be permitted. Temporary canopies may be required to obtain a Building Permit. A building permit is required for any temporary tent, shade structure canopy larger than 400 square feet.

i.

Appearance. When Temporary Sales are not in operation, all evidence shall be removed from the site including all tables, tents, temporary membranes, canopies, barricades, products, signs, litter, etc. The parking lot must be left in a clean condition, free of waste. Permanent buildings, structures, and signs are excepted.

j.

Refuse/Litter. The operator shall provide waste removal and shall be responsible for collecting trash and recycling after each event, including in the parking lot.

k.

Signs. Additional signs beyond those normally allowed for the subject use shall not be provided as a result of the outdoor display and sales area.

l.

Transactions/Point of Sale. All sales shall occur as part of the normal business activity of the establishment, via a register, or hand-held device. Patrons shall have the option of paying for purchases in the establishment as part of normal business activity.

m.

Other Conditions. The Director may impose other conditions that would ensure the operation of the proposed temporary outdoor sales in an orderly and efficient manner.

4.

Special Events and Sales. Other short term special events may be permitted in accordance with the standards below.

a.

Location. Events are limited to non-residential districts.

b.

Number of Events. No more than six events at one site shall be allowed within any 12-month period. Events shall not last more than five days per event and there shall be a minimum of 14 days between events.

c.

Products. The outdoor display and sales area shall be directly related to a business occupying a primary structure on the same site.

d.

Signs. Refer to Article 26, Signs.

e.

Existing Parking. The available parking shall not be reduced to less than 90 percent of the minimum number of spaces required by Article 24, Parking and Loading.

5.

Carnivals, Fairs, and Festival Events. Carnivals, fairs, and festival events are subject to the following standards:

a.

Location. Carnivals, fairs, and festival events are limited to areas within Commercial or Employment districts, or on property owned by a public school.

b.

Time Limit. When abutting or adjacent to a Residential District or a street that serves a Residential District the hours of operation shall be limited to 7 a.m. to 10 p.m.

c.

Lighting. Lighting shall be hooded and directed away from residential uses.

6.

Temporary Parking Lots.

a.

Unpaved Temporary Parking Lots. Temporary Parking on unpaved surfaces may be permitted for up to 14 days for special events in accordance with the standards below. Unpaved temporary parking lots may not be used to fulfill required off-street parking standards per Article 24, Parking and Loading, rather Temporary Parking Lots may be used to periodically accommodate larger than normal crowds at special events.

i.

Parking Plan. An applicant shall submit a parking plan to the City for review and approval.

ii.

Location. Temporary Parking shall be limited to nonresidential districts, unless the site is developed with nonresidential uses.

iii.

Number of Events. Temporary Parking Lots may not be used more than 14 days within any 12-month period.

iv.

Access. Access shall be from an approved drive approach. An on-site shake-off area is required to ensure that dirt and/or mud are not deposited onto the public street.

v.

Attendants. An attendant shall be present during the duration of the event and until the last vehicle is removed from the site to guide drivers.

vi.

San Joaquin Valley Air Pollution. The applicant shall contact the San Joaquin Valley Air Pollution District (District Regulation 8071) for its permitting procedures.

vii.

Dust Mitigation. Dust mitigation may be required to ensure that the parking lot does not create a nuisance.

viii.

Trash/Debris. All trash, debris, etc., shall be collected daily and the appearance of the site shall be returned to its original state.

ix.

Temporary Lighting. Refer to Section 15-2508, Lighting and Glare.

b.

Paved Temporary Parking Lots. Paved Temporary Parking Lots may be permitted for up to 36 months for non-permanent and unusual needs, such the accommodation of parking displaced by construction activity.

i.

Parking Plan. An applicant shall submit a parking plan to the City for review and approval.

ii.

Location. Paved Temporary Parking Lots shall not be permitted in RS Districts.

iii.

Findings. The Review Authority shall not approve the Paved Temporary Parking Lot unless the following findings can be made:

(a)

No other feasible option to accommodate the parking need exists: and

(b)

The location of the temporary parking lot will not disrupt an important pedestrian environment, including but not limited to Downtown streets with an Activity Classification of A and sites within 500 feet of a Bus Rapid Transit station.

iv.

Time Limits and Extensions. The Temporary Use Permit for a Paved Temporary Parking Lot shall be valid for up to 12 months at the discretion of the Review Authority. Extensions may be granted at the discretion of the Review Authority If granted, each extension shall be valid for a maximum period of 12 months. The combined period of the initial permit and all extensions shall not exceed 36 months.

v.

The Owner of the temporary parking area shall execute an agreement in a form approved by the City Attorney holding the city harmless from all liabilities resulting from the allowance and utilization of reduced standards.

vi.

Development Standards.

(a)

The surfacing applied to the Paved Temporary Parking Lot shall consist of a minimum of two inches of asphalt concrete or three inches of road-mixed asphalt surfacing over native soil compacted in accordance with Standard Specifications of the City of Fresno. An alternative soil stabilizing agent may be applied and maintained, in lieu of asphalt concrete or road-mixed asphalt surfacing if approved in writing by the Public Works Director. If solid waste pick-up service is to be provided, the portion of the parking area utilized by the service vehicles shall be constructed with a minimum of three inches of asphalt concrete over six inches of aggregate base over compacted native soil.

(b)

The area shall be paved to the back of sidewalk when sidewalk exists or is constructed. When no sidewalk exists, the area shall be paved only to the property line. Barriers shall be placed to prevent vehicles from encroaching into public right-of-way and to protect adjacent property.

(c)

Pavement marking may be required at the discretion of the Review Authority if the area is of such size or shape that the pattern of parking is not obvious. The required site plan shall indicate the imaginary layout of parking stalls in all cases where actual striping is not proposed.

(d)

In DT Districts, standards for parking access locations shall apply. In other districts, use of existing driveways will be acceptable, but the Review Authority may review and approve the design and location of driveway access to the streets and alleys and require that driveways be added or closed. Where driveway approaches are to be constructed, they shall meet Public Works standards.

(e)

The site shall be graded to drain onto an adjacent paved street or paved alley.

(f)

The Paved Temporary Parking Lot shall be Public Works standards for drive aisles dimensions, stall size, turning radii, lighting, and related matters shall apply.

(g)

New street improvements such as curb, gutter, sidewalk and permanent street pavement shall not be required except when the Review Authority determines they are necessary for proper functioning of the lot. If required, such improvements shall meet Public Works standards.

(h)

Street lights, on-site lighting, on-site trees, landscaping shall be permitted but not required.

(i)

Development Code standards for buffering, setbacks, and related matters shall not apply.

vii.

Use. The Paved Temporary Parking Lot must only be used for the parking of operable motor vehicles, and overnight parking or camping shall not be permitted. No other temporary or permanent use of the property will be allowed during the life of the temporary use permit for parking.

viii.

Upon expiration of the permit and any applicable extensions, the paved Temporary Parking Lot shall cease operations and shall be demolished or upgraded to meet all applicable standards within 90 days.

ix.

The Owner of the Paved Temporary Parking Lot shall execute an agreement in a form approved by the City Attorney holding the city harmless from all liabilities resulting from the allowance and utilization of reduced standards.

7.

Other Temporary Uses. Other special events, outdoor sales, and displays that exceed three consecutive days but not more than 30 days in any 12-month period, may be allowed with the approval of a Zone Clearance so long as the use is related to the primary use on the site and it does not impact neighboring uses or otherwise create significant impacts.

(Added Ord. 2015-39, § 1, eff. 1-9-16; Am. Ord. 2017-33, § 18, eff. 7-30-17).