985

SEC. 985. RULES REGARDING AUTHORIZATION OF TEMPORARY USES. (a) Temporary Uses in General. The temporary uses listed in this Section, where not otherwise permitted in a Mission Bay Use District, may be authorized by the Zoning Administrator as provided herein, up to the time limits indicated. Such uses may be authorized without a public hearing. Extensions of time for uses listed herein may be authorized in the same manner as the initial use. (b) Temporary Uses: 60 Day Limit. The following uses, may be authorized for a period not to exceed 60 days: 1. Exhibition, celebration, festival, circus, or neighborhood carnival; 2. Booth for charitable, patriotic or welfare purposes; 3. Open air sale of agriculturally-produced seasonal decorations including, but not necessarily limited to, Christmas trees and Halloween pumpkins; 4. Parking which is accessory to the uses listed in this Subsection. (c) Temporary Uses: One to Five Year Limit. Temporary uses authorized pursuant to this Subsection shall not exceed an initial approval period of up to five years. Extensions of this approval period may be authorized by the Zoning Administrator in increments of up to five year periods if the authorized use is consistent with the objectives and policies in the Mission Bay Plan. The following uses may be authorized as temporary uses: 1. Temporary structures and uses incidental to the construction of a building or a group of buildings, including but not limited to construction staging of materials and equipment; 2. Rental or sales office incidental to a new development, provided that it be located in the development project or a temporary structure; and 3. Structures and uses incidental to environmental cleanup and staging; 4. Parking which is accessory to the uses listed in this Subsection. (d) Other Temporary Uses. Any other use which is not listed in Subsection (b) or (c) but which is permitted in a M-1 Zoning District may be permitted as a temporary use for a time period to be determined by the Zoning Administrator not to exceed 10 years, upon the determination by the Zoning Administrator that the authorized use is consistent with the Master Plan, including the objectives, policies and phasing principles of the Mission Bay Plan. (Added by Ord. 63-91, App. 2/27/91; amended by Ord. 212-94, App. 6/2/94) SEC. 986. RULES REGARDING WHICH USES ARE ACCESSORY USES. No use in Mission Bay Use Districts will be considered accessory to a principal or conditional use which involves or requires any of the following: 1. An amount which exceeds the limitations set forth in Sections 204.1 (applicable in MB-R and MB-NC Districts). 2. An amount which exceeds the limitations on parking and loading as provided in Sections 960 through 967. 3. The use of more than one-third of the total floor area occupied by both the accessory use and the principal or conditional use to which it is accessory, combined, except in the case of accessory off-street parking and loading. 4. Any bar, restaurant, other entertainment, or any retail establishment which serves liquor for consumption on-site; 5. Any take-out food use, as defined in Section 790.122, except for: (a) a take-out food use which occupies 100 square feet or less (including the area devoted to food preparation and service and excluding storage and waiting areas) in a retail grocery or specialty food store; (b) a take out food use operating as a minor and incidental use within a full service restaurant; or (c) a take out food use which is, by definition, part of the operation of a fast food or self service restaurant. 6. The wholesaling, manufacturing or processing of foods, goods, or commodities on the premises of an establishment which does not also provide for primarily retail sale of such foods, goods or commodities at the same location where such wholesaling, manufacturing or processing takes place. (Added by Ord. 63-91, App. 2/27/91) PART XIII COMPLIANCE, PERMIT APPROVAL AND ENFORCEMENT SEC. 990. ENFORCEMENT AGAINST PLANNING CODE VIOLATIONS.