Chapter 4.9
MISCELLANEOUS PERMITS
Sections:
4.9.100 Temporary use permits.
4.9.200 Outdoor seating areas within the public right-of-way.
4.9.100 Temporary use permits.
Temporary uses are characterized by their short-term or seasonal nature and by the fact that permanent improvements are not made to the site. Temporary uses include, but are not limited to: construction trailers, leasing offices, temporary carnivals and fairs, parking lot sales, retail warehouse sales, and seasonal sales such as Christmas tree sales and vegetable stands. Three types of temporary uses require permit approval (See subsections (A), (B) and (C) of this section):
A. Seasonal and Special Events. These types of uses occur only once in a calendar year and for no longer a period than 30 days. Using the Type II procedure under SDC 4.1.300, the city shall approve, approve with conditions or deny a temporary use permit based on findings that all of the following criteria are satisfied:
1. The use is permitted in the underlying zone and does not violate any conditions of approval for the property (e.g., prior development permit approval);
2. The applicant has proof of the property owner’s permission to place the use on his/her property;
3. No parking will be utilized by customers and employees of the temporary use that is needed by the property owner to meet their minimum parking requirement under Chapter 3.3 SDC, Parking and Loading;
4. The use provides adequate vision clearance, as required by SDC 3.1.200, and shall not obstruct pedestrian access on public streets;
5. Ingress and egress are safe and adequate when combined with the other uses of the property; as required by SDC 3.1.200, Vehicular access and circulation;
6. The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner in which other uses allowed outright in the district do not affect the adjoining use; and
7. The use is adequately served by sewer or septic system and water, if applicable. (The applicant shall be responsible for obtaining any related permits.)
B. Temporary Sales Office or Model Home. Using a Type I procedure under SDC 4.1.200, the city may approve, approve with conditions or deny an application for the use of any real property within the city as a temporary sales office for a period not to exceed one year, or as approved by the community development director, for the purpose of facilitating the sale of real property, or as a model home in any subdivision or tract of land within the city, but for no other purpose, based on the following criteria:
1. Temporary Sales Office:
a. The temporary sales office shall be located within the boundaries of the subdivision or tract of land in which the real property is to be sold and not interfere with traffic on any street or public way;
b. The property to be used for a temporary sales office for dwellings or lots within the subject property shall not be permanently improved for that purpose, except as approved by the community development director (e.g., model home);
c. Conditions may be imposed regarding temporary utility connections, and as necessary to protect public health, safety, or welfare;
d. The subject site shall be kept clean and neat; and
e. Hours of operation for a sales office shall follow those for home occupations, except as approved by the community development director for a caretaker.
2. Model House:
a. The model house shall be located within the boundaries of the subdivision or tract of land where the real property to be sold is situated; and
b. The model house shall be designed as a permanent structure that meets all relevant requirements of this code and other applicable codes and permit requirements, including landscaping.
C. Temporary Building, Trailer, Kiosk, or Structure. Except as approved for mobile food vendors in a commercial or industrial district under SDC 2.3.160, temporary or permanent placement of a building, trailer, kiosk, or structure, including but not limited to prefabricated building(s), for use on any real commercial or industrial property within the city shall require a land use permit. Using a Type II procedure, the city may approve, approve with conditions or deny an application for a placement of a building, trailer, kiosk, or structure for temporary use, or temporary placement, such as a temporary commercial or industrial use or space associated with the primary use on the property, for a period of not more than one year, based on the following criteria:
1. The temporary trailer or building shall be located within the specified property line setbacks of the parcel of land on which it is located;
2. The primary use on the property to be used for a temporary trailer is already developed;
3. Ingress and egress are safe and adequate as demonstrated by an approach permit approved by the road authority, as applicable. See also SDC 3.1.200, Vehicular access and circulation;
4. There is adequate parking for the customers or users of the temporary use as required by Chapter 3.3 SDC, Parking and Loading;
5. The use will not result in vehicular congestion on streets;
6. The use will pose no impediment or hazard to pedestrians in the area of the use;
7. The use does not create adverse off-site impacts including vehicle traffic, noise, odors, vibrations, glare or lights that affect an adjoining use in a manner that other uses allowed outright in the district do not affect the adjoining use;
8. The building complies with applicable building codes;
9. The use can be adequately served by sewer or septic system and water, if applicable (the applicant shall be responsible for obtaining any related permits);
10. The length of time that the temporary building will be used does not exceed six months. When a temporary building exceeds this timeframe, the applicant shall be required to remove the building, or renew the temporary use permit. A temporary use permit shall be renewed no more than two times, and shall expire no later than 18 months from the first approval date; and
11. Conditions may be imposed regarding temporary utility connections, and as necessary to protect public health, safety, or welfare.
D. Garage Sales. Garage sale signs shall conform to the applicable provisions of the Silverton sign code, Chapter 15.16 SMC. Garage or yard sales shall be permitted in any residential zoning district subject to the following:
1. Limited to the sale of household goods and equipment, plants, clothing, furniture, and the like.
2. Limited to three such sales per year per individual address.
3. The duration of an individual sale shall not exceed three days.
4. The hours of operation shall be limited to 7:00 a.m. to 5:00 p.m.
E. Outdoor Swimming Pools. Swimming pools, spas and hot tubs (in-ground and aboveground) that contain 24 inches or more of water shall comply with the following:
1. Conform to the setback requirements of the primary structure, except that there shall be a minimum of five feet from all interior lot lines.
2. Be equipped with locking cover, fenced or equipped with electric alarm systems that will prevent entry or alarm upon entry.
3. Required fencing shall be a minimum of five feet in height and be equipped with a self-locking gate which closes automatically. (Ord. 08-06 § 3, 2008)
4.9.200 Outdoor seating areas within the public right-of-way.
Where outdoor seating areas are desired by restaurants or other business establishments they must comply with the following procedures and criteria:
A. Submit a written request to the community development department identifying the area involved, a site plan of the area, a description of the operating characteristics of the proposed use or other pertinent information.
B. Accompanying the written request shall be a completed city of Silverton application to occupy the right-of-way and the associated review fee.
C. The community development director within 45 days of receipt will review the application and make a final decision.
D. In some cases the request may be forwarded to the city council for final approval.
E. Approval may be given provided the community development director or city council determine there will be no negative impact to the public, the right-of-way or nearby businesses or property owners.
F. Compliance with other applicable provisions of the city’s municipal code, including permits for using the public right-of-way where sidewalk cafes are allowed.
G. Design review approval where the outdoor eating area includes seating for more than eight patrons.
H. Where adjacent to or abutting a residential use and/or zoning district, the outdoor eating area shall only be allowed between the hours of 8:00 a.m. and 10:00 p.m.
I. The outdoor eating area shall contain a trash receptacle within 10 feet of the use, which shall be maintained by the owner or operator of the restaurant.
J. At least five feet of open passageway is maintained on the sidewalk. (Ord. 10-02 Exh. A § B, 2010; Ord. 08-06 § 3, 2008)