§ 20.66.215. Temporary uses--Circuses, carnivals and fairs exceeding forty-five days.

Circuses, carnivals and fairs exceeding forty-five days may be permitted subject to following requirements.

A. Review of Application. Application for a temporary use permit shall be reviewed by the planning commission. If the planning commission recommends city council approval of a temporary use permit, then a city council hearing shall be scheduled.

The application shall be made to the commission and council on forms furnished by the city and shall be full and complete, including such data as may be prescribed by the commission and council to assist in determining the validity of the request.

B. Filing Fee. When a temporary use permit is filed, a fee of five hundred dollars shall be paid for the purpose of defraying the costs incidental to the proceedings.

C. Commission Hearing.

1. Notice. Notice of all public hearings shall be given and shall contain the name and the place of the hearing and other pertinent data presented in the application.

Notice shall be mailed not less than ten days before the date set for the hearing to owners of property within a radius of three hundred feet of the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown on the latest adopted tax roll of the county.

2. Hearing. A copy of the council resolution shall be mailed to the applicant at the address shown on the application. The applicant or any person aggrieved may appeal any decision of the commission to the council by filing a written notice of appeal within ten days after the decision.

3. Findings. The commission in recommending the temporary use permit shall find as follows:

a. The site for the proposed use is in conformance with the general plan and is adequate in size and shape to accommodate the use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by this title to adjust the use with land and uses in the neighborhood;

b. The site for the proposed use relates to the streets and highways element of the general plan and is adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;

c. The proposed use will have no adverse effects on abutting property or the permitted uses thereof; and

d. The conditions stated in the resolution are deemed necessary to protect the public health, safety and general welfare.

Such conditions may include the following: special yards, spaces and buffers; fences and walls; surfacing of parking areas subject to specifications; off-street parking requirements; required street dedications and improvements (or bonds); regulations of points of vehicular and pedestrian ingress and egress; regulation of signs; requiring maintenance of the grounds and abutting streets; requiring landscaping and maintenance thereof; regulation of noise, vibration, odors, etc.; regulation of time for certain activities; time period within which the proposed use shall commence operation; a bond for removal of the use within a specified period of time; and such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purpose set forth in this title.

D. Council Hearing. The council shall not less than ten days after the legal notice of a public hearing on a temporary use permit hold the public hearing. Notice shall be mailed not less than ten days before the date set for the hearing to owners of property within a radius of three hundred feet of the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown on the latest adopted tax roll of the county.

1. The council may approve, with stated conditions, or disapprove the temporary use permit by resolution. The council may add, delete or amend any of the conditions recommended by the commission.

2. A copy of the council resolution shall be mailed to the applicant at the address shown on the application.

3. The council may establish time limits within which the subject property and use or any stage or phase thereof shall be commenced and completed. The time limits set by the council shall be reasonable based on the size and nature of the proposed use. Once any portion of the conditional use permit is utilized, the other conditions thereof become immediately operative and shall be strictly complied with.

4. The decision of the council shall be final. No person including the original applicant shall apply for a similar temporary use permit on the same land within a period of one year from the date of the final decision on such previous application unless such decision is a denial without prejudice.

E. Revocation of Permit.

1. The council on its own motion at a public hearing with or without a recommendation from the commission may revoke any temporary use permit granted by it for noncompliance with the conditions set forth in granting the permit.

2. The commission on its own motion at a public hearing with or without a recommendation from council may recommend the revocation of a temporary use permit granted by the council for noncompliance with the condition set forth in granting the permit.

3. If an established time limit for the use expires, the temporary use permit and all right and privileges established therein shall be considered void.

(Ord. 97-05-1217 § 2)