DIR2006-00002 V
'e DIRECTOR'S INTERPRETATION Dik01004'-6 a �
DATE: October 16, 2006
CODE SECTIONS: 18.785.010 Purpose
18.785.020 Types of Temporary Uses
18.785.040 Approval Criteria
TOPIC: Are mobile food vendors such as "taco trucks ", eligible for temporary use approval? Is there a difference in
approval if the food vendor parks at a consistent location instead of driving to each customer location? What about other
business ventures such as auto glass repair or art and rug sales?
DIRECTOR'S INTERPRETATION:
I. Introduction
Only certain types of activities which are transient or inconsistent with zone or existing use standards may be considered
permissible by way of a temporary use permit. The approved activities are specifically listed:
18.785.010 Purpose
A. Purpose. The purpose of this chapter is to establish standards for the approval of three types of
temporary use:
1. Use that is seasonal or directed toward a specific event;
2. Use which is occasioned by an unforeseen event; and
3. Sales offices and model homes in conjunction with the sale of homes.
These uses are further defined as:
18.785.020 Types of Temporary Uses
A. Seasonal or special event. "...Examples of this type of use are those associated with the sale of goods for a specific
holiday, activity or celebration, uses associated with construction or seasonal use. This type of use does not apply to
businesses seeking a temporary or interim location..."
B. Unforeseen /emergency situations. "...a use which is needed because of an unforeseen event such as fire, windstorm or
flood, unexpected health or economic hardship, or due to an eviction resulting from condemnation or other proceedings..."
C. Temporary sales office/model home. ...includes a temporary sales office or offices either in a housing unit or in another
temporary building for the purpose of facilitating the sale of real property in any subdivision or tract of land..."
D. Temporary use in commercial and industrial zones. "...a temporary trailer or prefabricated building for use on any real
commercial or industrial property within the City as a temporary commercial or industrial office or space associated with the
primary use on the property."
The intent of the section is further explained by:
18.785.040 Approval Criteria C. "...a temporary sales office, offices for the purpose of facilitating the sale of real property, or
model home in any subdivision or tract of land within this City, but for no other purpose..."
18.785.040 Approval Criteria D. "Temporary Building. ...a temporary trailer or prefabricated building for use on any real
commercial or industrial. property within the City as a temporary commercial or industrial office or space associated with the
primary use on the property, but for no other purpose..."
And the objective is made clear with:
18.785.010 Purpose B. "Disclaimer. This chapter is not intended to be a way to circumvent the strict application of the use
districts. Therefore, time limits are to be strictly enforced. This chapter is not intended to apply to garage sales."
II. Interpretation:
If the use applied for is not listed as a permitted temporary use, such use shall be denied unless otherwise allowed by code.
Since mobile food vendors that remain in consistent locations do not fit the specified criteria, they, as well as auto glass
repair and art and rug sales ventures, are also not permitted as temporary uses.
Signed:
Tom Coffee
Community Development Director
DATE: 10/16/2006
CODE SECTIONS: 18.785 r
`'TOPIC: Temporary Use: C
Mobil Vendors
INTERPRETATION: MOBIL VENDORS NOT INTERPRETATED AS AN APPROVED ACTIVITY
SPECIFICALLY ALLOWED AS A TEMPORARY USE
CODE SECTIONS:
18.785.010 Purpose
18.785.020 Types of Temporary Uses
18.785.040 Approval Criteria
TOPIC: Are mobile food vendors such as "taco trucks ", eligible for temporary use
approval? Is there a difference in approval if the food vendor parks at a consistent location
instead of driving to each customer location? What about other business ventures such as
auto glass repair or art and rug sales?
DIRECTOR'S INTERPRETATION:
I. Introduction
Only certain types of activities which are transient or inconsistent with zone or existing use
standards may be considered permissible by way of a temporary use permit. The
approved activities are specifically listed:
18.785.010 Purpose
A. Purpose. The purpose of this chapter is to establish standards for the approval of three
types of
temporary use:
1. Use that is seasonal or directed toward a specific event;
2. Use which is occasioned by an unforeseen event; and
3. Sales offices and model homes in conjunction with the sale of homes.
These uses are further defined as:
18.785.020 Types of Temporary Uses
A. Seasonal or special event. "... Examples of this type of use are those associated with
the sale of goods for a specific holiday, activity or celebration, uses associated with
construction or seasonal use. This type of use does not apply to businesses seeking a
temporary or interim location..."
B. Unforeseen /emergency situations. "...a use which is needed because of an unforeseen
event such as fire, windstorm or flood, unexpected health or economic hardship, or due to
an eviction resulting from condemnation or other proceedings..."
C. Temporary sales office /model home. "... includes a temporary sales office or offices
. either in a housing unit or in another temporary building for the purpose of facilitating the
sale of real property in any subdivision or tract of land..."
D. Temporary use in commercial and industrial zones. "...a temporary trailer or
prefabricated building for use on any real commercial or industrial property within the City
as a temporary commercial or industrial office or space associated with the primary use on
the property." '
The intent of the section is further explained by:
18.785.040 Approval Criteria C. "...a temporary sales office, offices for the purpose of
facilitating the sale of real property, or model home in any subdivision or tract of land within
this City, but for no other purpose..."
18.785.040 Approval Criteria D. "Temporary Building....a temporary trailer or
prefabricated building for use on any real commercial or industrial property within the City
as a temporary commercial or industrial office or space associated with the primary use on
the property, but for no other purpose..."
And the objective is made clear with:
18.785.010 Purpose B. "Disclaimer. This chapter is not intended to be a way to circumvent
the strict application of the use districts. Therefore, time limits are to be strictly enforced.
This chapter is not intended to apply to garage sales."
II. Interpretation:
If the use applied for is not listed as a permitted temporary use, such use shall be denied
unless otherwise allowed by code. Since mobile food vendors that remain in consistent
locations do not fit the specified criteria, they, as well as auto glass repair and art and rug
sales ventures, are also not permitted as temporary uses.
Tom Coffee
Community Development Director