205.4

SEC. 205.4. TEMPORARY USES: INTERMITTENT ACTIVITIES.

An intermittent activity is an outdoor use which, while occasional, occurs with some routine or regularity. Intermittent activities include, but are not limited to, the following uses: mobile food facilities, farmers markets, and open-air craft markets. Such uses typically require additional authorization(s) from other City Departments. An intermittent activity may be authorized as a temporary use for a period not to exceed one year. (a) In all Districts other than RH, RM, RED, and RTO Districts an intermittent activity is permissible if it satisfies all of the following conditions: (1) It shall not be located within a Building as defined in Section 102 of this Code. (2) It shall not be located on the property for more than either: (i) 6 calendar days for longer than 12 hours per day in any 7-day period; or (ii) 3 calendar days for longer than 24 hours per day in any 7-day period. At the time of application, the applicant shall designate in writing which of the foregoing options shall apply to the activity. No changes shall be made during the authorization period without first filing a new application. (A) The time periods referenced in Subsection (a)(2) each constitute complete calendar days and apply without regard to whether the activity is open to the public or whether the activity is located on the subject property for consecutive days. (B) Days of unused authorization cannot be stored or credited, and any portion of a day that the intermittent activity is located at the subject property shall count toward the 12-hour or the 24-hour limit of Subsection (a)(2). (C) This Subsection (a)(2) shall not apply to any Mobile Food Facility located within a Public (P) District that together with any directly adjoining P District(s) contains more than one acre. (3) It shall be open for business only during the hours of operation permitted as a principal use for the District in which it is located, if any such hourly limits exist. (b) An intermittent activity is allowed in a RH, RM, RED, and RTO District only if it: (1) satisfies all the conditions set forth in Subsection (a); and (2) is located on a parcel that contains or is part of a Hospital, as defined in Section 102, a Post-Secondary Educational Institution, as defined in Section 102, or a Public Facility, as defined in Section 102. An intermittent activity authorized under this Subsection shall not operate between the hours of 10:00 p.m. to 7:00 a.m. (Added by Ord. 297-10, File No. 101351, App. 12/3/2010; amended by Ord. 118-13, File No. 120125, App. 6/28/2013, Eff. 7/28/2013; Ord. 22-15, File No. 141253, App. 2/20/2015, Eff. 3/22/2015; Ord. 184-19, File No. 190459, App. 8/9/2019, Eff. 9/9/2019; Ord. 63-20, File No. 200077, App. 4/24/2020, Eff. 5/25/2020; Ord. 116-25, File No. 250540, App. 7/17/2025, Eff. 8/17/2025) AMENDMENT HISTORY Undesignated introductory paragraph amended; new division (a) added; former divisions (a)-(d) redesignated as divisions (a)(1)-(a)(4) and internal subdivisions and references adjusted accordingly; new division (b) added; Ord. 118-13, Eff. 7/28/2013. Divisions (a)(1) and (b) amended; Ord. 22-15, Eff. 3/22/2015. Division (b) amended; Ord. 184-19, Eff. 9/9/2019. Divisions (a)(4) and (a)(4)(D) amended; Ord. 63-20, Eff. 5/25/2020. Divisions (a)(4)-(a)(4)(D) deleted; Ord. 116-25, Eff. 8/17/2025. SEC. 205.5. TEMPORARY USES: INTERIM ACTIVITIES ON DEVELOPMENT SITES. (a) Upon the satisfaction of the requirements in this Section 205.5, an Interim Activity, as defined below, may be authorized as a temporary use on a legal lot that is subject to a Development Project, in any district other than a Residential District, for an initial period not to exceed 36 months (“Initial Period”). (b) Definitions. For purposes of this Section 205.5, the following definitions shall apply: “Development Project” means a project for which a development application and any associated fees have been submitted and accepted to obtain all required land use entitlements and permits, including any environmental review, for a project that proposes to demolish an existing structure or work that is tantamount to demolition, as defined in Section 317, or a project that proposes sufficient changes to the site such that the Director determines Interim Activities are appropriate. “Interim Activity” means any Arts Activities Use; any Entertainment, General Use; and/or any Use Principally Permitted in the subject zoning district. For sites where the Development Project will construct Affordable Housing Project(s) as defined in Section 315, Interim Activity shall include any Private Parking Garage, Public Parking Garage, Private Parking Lot, Public Parking Lot, Vehicle Storage Garage, and Vehicle Storage Lot. (c) Application. The property owner or the property owner’s authorized agent (“Applicant”) shall submit an application for temporary use to the Planning Department, on a form prepared by the Planning Department. The application shall be accompanied by the applicable fees pursuant to Planning Code Section 350 and shall include an affidavit signed by the Applicant and, as applicable, each tenant occupying any portion of the eligible site for the Interim Activity, or each tenant’s authorized agent, acknowledging that the use of the eligible site for the Interim Activity is temporary and subject to the time limits set forth in this Section 205.5 and acknowledging that the Applicant has to pay any outstanding fees, invoices, or penalties owed to City agencies, and is in compliance with all requirements of the Municipal Code, including any requirements to file Updates to Institutional Master Plans and abate any Code or Building Code violations. The Applicant shall not be required to pay additional fees set forth in Article 4 of the Planning Code as a prerequisite to obtaining temporary use authorization pursuant to this Section 205.5. (d) New, Additional, or Modified Temporary Uses. New, additional, or modified temporary uses that were not previously approved by the Planning Director shall be reviewed through the filing of a new application and submittal of a new application fee. (e) New Tenants. Additional or different tenants (each a “New Tenant”) may commence occupancy within and use of the eligible site in question without additional applications or fees, provided that each New Tenant submits a completed affidavit to the Department attesting to the truthfulness and correctness of the previously submitted application and declaring that the New Tenant will not discontinue, add to, or modify the approved Interim Activity. (f) Fenestration, Transparency, and Visibility Requirements. Construction proposed in connection with the Interim Activity shall not cause noncompliance or exacerbate existing noncompliance with respect to fenestration, transparency, or any other visibility requirement of Section 145.1 of this Code. Further, no film, adhesive, blinds, or other treatment may be applied to any existing fenestration. (g) Extension of Initial Period. Upon the Planning Director’s or the Director’s designee’s determination that permits for the Development Project are being and have been diligently pursued, and that the Interim Activity has been consistent with public convenience, necessity, or the general welfare of the City, the Planning Director is authorized to permit the Interim Activity to exceed the Initial Period unless or until the applicant either withdraws the application for the Development Project, the entitlement for the Development Project expires, or construction of the Development Project commences. (Added by Ord. 35-20, File No. 190355, App. 3/6/2020, Eff. 4/6/2020; amended by Ord. 136-21, File No. 210674, App. 8/4/2021, Eff. 9/4/2021; Ord. 116-25, File No. 250540, App. 7/17/2025, Eff. 8/17/2025) AMENDMENT HISTORY Division (b), “Interim Activity” amended; Ord. 136-21, Eff. 9/4/2021. Divisions (a)-(c), (e) amended; former divisions (f), (h), and (j) deleted; former divisions (g) and (i) amended as (f) and (g); Ord. 116-25, Eff. 8/17/2025. SEC. 205.6. TEMPORARY USES: FIVE-YEAR LIMIT. Vehicle Triage Centers and Safe Parking Program Sites. On Lots designated and authorized, as applicable, for use as Vehicle Triage Centers or Safe Parking Program sites, temporary long-term parking of and overnight camping in vehicles, and ancillary uses in portable, temporary structures including administrative offices, restrooms, showering or bathing facilities, kitchen or other food preparation facilities, and eating areas, may be permitted, subject to compliance with all other Municipal Code requirements, including but not limited to the Overnight Safe Parking Pilot Program, Administrative Code Chapter 119, Article I. Beyond the five-year limit on the temporary uses in this Section 205.6, the Director may authorize up to two extensions of this temporary use for a maximum of six months each, based on public health and safety considerations or delay in approval or operation of the site as a Vehicle Triage Center or Safe Parking Program site. (Added as Sec. 205.7 by Ord. 140-20, File No. 200215, App. 8/28/2020, Eff. 9/28/2020; redesignated and amended by Ord. 116-25, File No. 250540, App. 7/17/2025, Eff. 8/17/2025) (Former Sec. 205.6 added by Proposition H, 11/3/2020, Eff. 12/18/2020; repealed by Ord. 116-25, File No. 250540, App. 7/17/2025, Eff. 8/17/2025) AMENDMENT HISTORY Section redesignated, renamed, and amended in full; Ord. 116-25, Eff. 8/17/2025.