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ORDINANCE Page 3 of 7 <br />2.An irrevocable, signed and notarized statement granting the city permission to <br />summarily abate the temporary use and all physical evidence of that use if it is not <br />removed by the applicant within the period specified as part of the permit, and agreeing <br />to reimburse the city for any expenses incurred by the city in abating the temporary use; <br />and <br />3.Written permission from the owner of the property upon which the temporary use is <br />proposed to be located authorizing the proponent to use the subject property for the <br />stated purposes and time period. <br />D.Criteria for Granting a Temporary Use Permit. The city may grant a temporary use permit <br />only if it finds that: <br />1.The proposed temporary use will not be materially detrimental to the public welfare, <br />or injurious to the property or improvements in the immediate vicinity; and <br />2.The proposed temporary use is compatible in terms of location, access, traffic, noise, <br />nuisance, dust control and hours of operation with existing land uses in the immediate <br />vicinity; and <br />3.The proposed temporary use is not otherwise allowable in the zone in which it is <br />proposed. <br />E.Dimensional Requirements and Development and Performance Standards. The city shall <br />establish dimensional requirements and development and performance standards as part of the <br />approval of each temporary use permit. The city will use the nature of the proposed use and <br />character of the surrounding area as guides in establishing these requirements and standards. <br />F.Frequency and Duration of Temporary Use. The city may not grant a temporary use permit to <br />the same user for the same use more frequently than once in every three-hundred-sixty-five- <br />day period. The city may only grant a temporary use permit for a specified period of time, not to <br />exceed sixty days except as otherwise provided in this section. The temporary use permit shall <br />specify a date by which the use shall be terminated. <br />G.Removal of a Temporary Use. The city shall designate, as part of the temporary use permit, a <br />period following the expiration of the permit within which the temporary use must be <br />terminated and all physical evidence of the use must be removed by the applicant. If the <br />temporary use and all physical evidence of the use are not removed within the time specified, it <br />will constitute a violation of this title. Further, the city is authorized to abate the temporary use <br />in accordance with subsection (C)(2) of this section. <br />H.Exception to Permit Requirement. <br />1.Garage Sales. Garage sales shall be limited to two events per year with a maximum <br />duration not to exceed four days per event. <br />2.Commercial and Industrial Zones. The following temporary uses, when located in <br />commercial and industrial zones for not longer than the time periods specified below, <br />are exempt from the permit requirements of this section: