Discussion and possible action to adopt ORD. 2018-18 amending Chapter 21 of the Peoria City Code, amending Section 21-322 pertaining to Temporary Use Permits.

The objective of the proposed text amendment is to simplify and organize the temporary use requirements in a more efficient manner and to require a Temporary Use Permit (TUP) in those situations where it is truly appropriate or impactful.

For example, the current ordinance is silent on many types of temporary events that would commonly be thought of as innocuous or a normal ancillary practice. This includes events such as yard sales, open houses, and Homeowner’s Association (HOA) events on HOA property. Because the current ordinance is silent on such items, the structure of the regulations would suggest a TUP is required for every occurrence of any such event. The proposed language seeks to clarify the intent of the regulations, and proposes exemptions for these minor common practices to ensure that there is no ambiguity in the regulation of such activities.

In addition to clarifying those uses that would not fall under the purview of a Temporary Use Permit, the proposed amendment creates exemptions that did not previously exist. These exemptions allow additional flexibility for property owners to appropriately program otherwise inactive space for a limited duration. These exemptions are not blanket exemptions; rather, these exemptions are caveated with general requirements that are applicable to all Temporary Uses, unless deviations are otherwise approved through Temporary Use Permit process.

Regardless of the exemptions provided, the temporary uses must also comply with specific criteria to receive an exemption from a Temporary Use Permit process. Some of these criteria include:

• The use must occur on an improved surface without blocking primary drive aisles or site and building general or emergency access;
• Uses which do not operate between the hours of 10:00 p.m. and 7:00 a.m., and do not occur for more than one (2) day within a thirty (30) day period per site;

• Uses which are located at least two hundred (200) feet away from a residential structure;
• Uses which provide for all necessary pedestrian and vehicular queuing to occur outside of the right-of-way and outside of any primary or emergency drive aisles; and
• Events occurring within a designated entertainment district.

There are also general criteria that apply to all temporary uses (not just exempt temporary uses). The purpose of the general criteria is to ensure the temporary nature of the use, as well as cohesive operation with the surrounding permanent uses. The criteria include some of the following:

• Permanent alterations to the site are prohibited;
• If the property is undeveloped, it shall contain sufficient land area to support the temporary use, including but not limited to, adequate parking and traffic movement to support the event;
• All signage proposed for the temporary use or event shall comply with the Sign Code, and all signage shall be removed upon completion of the event;
• Tent and or generator permits shall be required for all uses in accordance with the applicable Fire or Building code, regardless of any Temporary Use Permit exemptions;
• All uses shall comply with adopted City noise ordinances contained within the City Code; and
• All Temporary Uses shall prevent activity across improved landscape areas that would negatively impact the landscaped areas.

In addition to the proposed exemptions and general regulations identified above, the subject text amendment continues to account for and accommodate temporary uses that would extend beyond minor temporary uses. By providing for temporary uses which do not meet these exemption criteria, City staff is able to conduct reviews through all applicable City departments. Through these reviews, City staff can provide the necessary conditions to protect health, safety, and general welfare of residents and surrounding businesses. In situations where the proposed temporary use is not congruent with the surrounding uses, staff would have the latitude to deny the use for cause.

Where possible, the proposed amendment seeks to provide exemptions and general criteria that would address what can currently become a laborious review process for applicants seeking to conduct minor temporary uses. These minor temporary uses would otherwise have little to no impact on the surrounding uses or facilities if operated in compliance with the recommended restrictions. As a result, providing opportunities for these temporary uses allows the applicants to proceed without unnecessary reviews, thus will likely foster additional and unique opportunities throughout the City.

• On April 5, 2018, the Planning and Zoning Commission held a Study Session on the proposed amendment. 

• On May 3, 2018, the Planning and Zoning Commission held a public hearing to consider the proposed code amendment. The Commission voted 7-0 in favor of recommending approval of the request, as presented by City staff. No members of the public spoke in support or opposition to the request.

A: Approve as recommended by Staff and the Planning & Zoning Commission; or

B: Approve with modifications; or

C: Deny; or

D: Continue action to a date certain or indefinitely; or

E: Remand back to the Planning & Zoning Commission for further consideration.     

APPROVE as recommended by Staff and the Planning and Zoning Commission.

This is a request for City Council to hold a Public Hearing to consider a city-initiated request to adopt an Ordinance amending requirements pertaining to Temporary Uses for the purposes of providing flexibility for Temporary Uses to sites throughout the City, while ensuring appropriate regulations are in place to safeguard existing permanent uses. 

The attached Ordinance proposes changes to Chapter 21 of the City Code (Zoning Ordinance) through Section 21-322 ("Temporary Uses"). The City has not received any correspondence in support or opposition to the changes.