Chapter 17.116 TEMPORARY USES

Chapter 17.116
TEMPORARY USES

Sections:

17.116.010 Purpose.

17.116.020 Administration and approval process.

17.116.030 Expiration of approval – Renewal.

17.116.040 Emergency situations.

17.116.050 Temporary use – Seasonal or special event.

17.116.060 Temporary use – Unforeseen/emergency situations.

17.116.065 Temporary use – Medical hardship.

17.116.070 Standards for approval of a temporary sales office, model house, or temporary building.

17.116.080 Application submission requirements.

17.116.010 Purpose.

(1) The purpose of this chapter is to establish standards for the approval of four types of temporary use:

(a) Use that is seasonal or directed toward a specific event;

(b) Use which is occasioned by an unforeseen event;

(d) Sales offices and model homes in conjunction with the sale of homes.

(2) This chapter is not intended to be a way to circumvent the strict application of the use districts. Therefore, time limits are to be strictly enforced. This chapter is not intended to apply to garage sales. (Ord. 3215 § 4 (Att. D), 2017; Ord. 2875 § 1.152.010, 2003)

17.116.020 Administration and approval process.

(1) The applicant for a temporary use proposal shall be the recorded owner of the property or an agent authorized in writing by the owner.

(2) A preapplication conference with city staff is required (see SHMC 17.24.040).

(3) Due to possible changes in state statutes, or regional or local policy, information given by staff to the applicant during the preapplication conference is valid for no more than six months, and:

(a) Another preapplication conference is required if any temporary use application is submitted six months after the preapplication conference; and

(b) Failure of the director to provide any of the information required by this chapter shall not constitute a waiver of the standards, criteria or requirements applicable to the applications.

(4) The director shall approve, approve with conditions, or deny any application for a temporary use as provided by SHMC 17.24.090. The director shall apply the standards set forth in sections of this code when reviewing an application.

(5) The director shall mail notice of any temporary use proposal decision to persons who may have the right to request a hearing before the commission in accordance with SHMC 17.24.120. (Ord. 2875 § 1.152.020, 2003)

17.116.030 Expiration of approval – Renewal.

(1) Temporary use approval by the director shall be effective for a period of up to one year unless otherwise stipulated by the approval. Except, medical hardship temporary use shall only be effective for up to six months.

(2) The temporary use approval by the director shall lapse if:

(a) Substantial construction of the approved plan or onset of the approved activity has not begun within the approval period; and

(b) Construction or activity on the site is a departure from the approved plan.

(3) A temporary use approval may be renewed once by the director for a period not to exceed one year. Except, medical hardship renewal use shall only be effective for up to six months. Notice of the decision shall be provided to the applicant. The director’s decision may be appealed by the applicant as provided by SHMC 17.24.310(1).

(4) A permit for temporary sales offices and model homes may be renewed on an annual basis in the same manner as if it were an original application as long as no more than 50 percent of the total number of dwelling units have been issued occupancy permits. (Ord. 3215 § 4 (Att. D), 2017; Ord. 2875 § 1.152.030, 2003)

17.116.040 Emergency situations.

The director may waive any of the requirements in this chapter or request additional information in accordance with SHMC 17.24.080 for cases which involve destruction of an existing structure due to fire, natural causes, or other circumstances that are beyond the control of the applicant. An emergency as allowed by this section shall not include failure by the applicant to submit a temporary use request as provided in this chapter. (Ord. 2875 § 1.152.040, 2003)

17.116.050 Temporary use – Seasonal or special event.

(1) Definition.

(a) This type of temporary use is a use which by its nature will last less than one year. Examples of this type of use are uses associated with the sale of goods for a specific holiday, activity, or celebration, uses associated with construction or seasonal use. This type of use does not apply to businesses seeking a temporary or interim location;

(b) Very short-term temporary uses must meet criteria listed below but no notice shall be sent for anything less than 11 days per six-month period by the same organization; and

(2) Types of Use Permitted.

(a) Use associated with the celebration of a specific holiday such as the sale of Christmas trees and fireworks;

(b) Use associated with the sale of fresh fruits, produce, and flowers;

(d) Seasonal activities such as the sale of food at sports events or activities;

(e) Use associated with construction such as the storage of equipment during the construction of roads or development, but not a temporary sales office or model home as provided by SHMC 17.116.070; and

(f) Temporary fund-raising and other civic activities in commercial zoning districts.

(3) Approval Criteria. Approval or approval with conditions shall be based on findings that all of the following criteria are satisfied:

(a) The temporary use is limited in duration by the purposes for which the permit is sought, such as parade stands, circus, fairs or other exhibitions, sales of goods, wares, merchandise, produce or Christmas trees, and other similar temporary needs;

(b) There exists adequate and safe ingress and egress when combined with the other use of the property as required by Chapter 17.84 SHMC, Access, Egress, and Circulation; and Chapter 17.76 SHMC, Visual Clearance Areas;

(c) There exists adequate parking for the customers of the temporary use as required by Chapter 17.80 SHMC, Off-Street Parking and Loading Requirements. Exceptions to the parking space surface requirements may be granted as set forth in SHMC 17.80.050(10);

(d) The use will pose no hazard to pedestrians in the area of the use; and

(e) The use will not create adverse off-site impacts including noise, odors, vibrations, glare, or lights which will affect adjoining use in a manner which other use allowed outright in the zone would not affect adjoining uses. (Ord. 2875 § 1.152.050, 2003)

17.116.060 Temporary use – Unforeseen/emergency situations.

(1) Definitions. This type of temporary use is a use which is needed because of an unforeseen event such as fire, windstorm or flood, unexpected economic hardship, or due to an eviction resulting from condemnation or other proceedings.

(2) Types of Use Permitted.

(a) A mobile home or other temporary structure for a residential purpose in a residential zone;

(b) A mobile home or other temporary structure for a business purpose in a commercial or industrial zone; and

(c) Use of an existing dwelling or mobile or manufactured home during the construction period of a new residence on the same lot.

(3) Approval Criteria.

(a) Approval or approval with conditions shall be based on findings that one or more of the following criteria are satisfied:

(i) The need for use is the direct result of a casualty loss such as fire, windstorm, flood or other severe damage by the elements to a preexisting structure or facility previously occupied by the applicant on the premises for which the permit is sought;

(ii) The applicant has been evicted within 60 days of the date of the application from a preexisting occupancy of the premises for which the permit is sought as a result of condemnation proceedings by a public authority, or eviction by abatement of nuisance proceedings, or by determination of a public body or court having jurisdiction that the continued occupancy of the facilities previously occupied constitutes a nuisance or is unsafe for continued use; or

(iii) There has been a loss of leasehold occupancy rights by the applicant due to unforeseeable circumstances or other hardship beyond the foresight and control of the applicant;

(b) In addition to the criteria listed in subsection (3)(a) of this section, all of the following must be satisfied:

(i) There exists adequate and safe ingress and egress when combined with the other uses of the property, as required by Chapter 17.84 SHMC, Access, Egress, and Circulation; and Chapter 17.76 SHMC, Visual Clearance Areas;

(ii) There exists adequate parking for the customers of the temporary use as required by Chapter 17.80 SHMC, Off-Street Parking and Loading Requirements;

(iii) The use will not result in congestion on adequate streets;

(iv) The use will pose no hazard to pedestrians in the area of the use;

(v) The use will not create adverse off-site impacts including noise, odors, vibrations, glare or lights which will affect adjoining use in a manner which other use allowed outright in the zone would not affect adjoining use; and

(vi) The use can be adequately served by sewer or septic system and water, if applicable. (Ord. 3215 § 4 (Att. D), 2017; Ord. 2875 § 1.152.060, 2003)

17.116.065 Temporary use – Medical hardship.

(1) The purpose of the temporary use medical hardship permit is to allow the convenient provision of supervision and/or assistance with daily care to a person or persons with a demonstrated health hardship by allowing the use of a recreational vehicle for living purposes on a lot or parcel developed with a detached single-family dwelling.

(2) The director may approve or approve with conditions a temporary use medical hardship permit, provided the following criteria are satisfied:

(a) The person(s) needing daily care (dependent person) is/are the principal resident(s) of the detached single-family dwelling or recreational vehicle. For the purpose of this section daily care includes but is not limited to bathing, grooming, eating, medication management, walking and transportation. Daily care does not include financial management or the improvement or maintenance of the subject property.

(i) Proof of the need for daily care shall be demonstrated by a written statement dated within 60 days of the submittal of temporary use permit or renewal thereof, by a medical doctor certifying the dependent person(s) has a health hardship that necessitates someone to provide care in order for them to remain independent (i.e., noninstitutional residence).

(ii) For the purpose of this section “health hardship” means a specific person’s need for daily supervision due to cognitive impairment and/or a specific person’s need for assistance with daily care as a result of age, physical impairment and/or poor health.

(b) The detached single-family dwelling or recreational vehicle not occupied by the person(s) needing daily care is occupied by the caregiver(s), who shall be specifically identified and named on the permit application.

(d) There exists adequate and safe ingress and egress when combined with the other uses of the property, as required by Chapter 17.84 SHMC, Access, Egress, and Circulation; and Chapter 17.76 SHMC, Visual Clearance Areas.

(e) The off-street parking available is not reduced below the minimum required by Chapter 17.80 SHMC as a result of the recreational vehicle used for temporary living purposes.

(f) During the duration of the approved temporary use permit, the recreational vehicle may connect to public water and sanitary sewer, if available, provided all permits are obtained to do so and requirements for connecting are met. If the recreational vehicle will be connected to public sewer, connection to public water shall be required, if available.

(g) The recreational vehicle shall be located on the same property as the detached single-family dwelling and shall not be allowed in a street or public right-of-way.

(h) Only one recreational vehicle shall be allowed on a property for this purpose.

(3) The director may revoke a temporary use medical hardship permit if it is found to not comply with the criteria per this section, constitutes a health hazard, or is otherwise contrary to public health, safety and welfare. (Ord. 3215 § 4 (Att. D), 2017)

17.116.070 Standards for approval of a temporary sales office, model house, or temporary building.

(1) Temporary Sales Office. The director may approve or approve with conditions the use of any real property within the city as a temporary sales office or offices for the purpose of facilitating the sale of real property in any subdivision or tract of land within this city, but for no other purpose, provided the following criteria are satisfied:

(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

(b) The property to be used for a temporary sales office shall not be permanently improved for that purpose.

(2) Model House. The director may approve or approve with conditions the use of any real property within the city as a model house to be used in connection with the sale of real property in any subdivision or tract of land within the city provided the following criteria are satisfied:

(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 property to be used for a model house shall be a permanently designed dwelling structure.

(3) Temporary Building. The director may approve or approve with conditions a temporary trailer or prefabricated building for use on any real commercial or industrial property within the city as a temporary commercial or industrial office or space associated with the primary use on the property, but for no other purpose, providing the following criteria are satisfied:

(a) The temporary trailer shall be located within the boundaries of the parcel of land on which it is located;

(b) The property to be used for a temporary trailer shall already be developed;

(c) There exists adequate and safe ingress and egress when combined with the other uses of the property, as required by Chapter 17.84 SHMC, Access, Egress, and Circulation; and Chapter 17.76 SHMC, Visual Clearance Areas;

(d) There exists adequate parking for the customers or users of the temporary use as required by Chapter 17.80 SHMC, Off-Street Parking and Loading Requirements;

(e) The use will not result in congestion on adequate streets;

(f) The use will pose no hazard to pedestrians in the area of the use;

(g) The use will not create adverse off-site impacts including noise, odors, vibrations, glare or lights which will affect the adjoining uses in a manner which other uses allowed outright in the zone would not affect the adjoining uses; and

(h) The use can be adequately served by sewer or septic system and water, if applicable. (Ord. 2875 § 1.152.070, 2003)

17.116.080 Application submission requirements.

(1) The applicant shall submit:

(a) Copies for the director to review of site plan(s) (number determined at preapplication conference), and of the necessary data or narrative which explains how the temporary use proposal conforms to the standards:

(i) The site plan(s) drawings shall preferably be drawn on sheets not exceeding 18 inches by 24 inches;

(ii) The scale shall be an engineering scale; and

(iii) All drawings of structure elevations shall be a standard architectural scale, being one-fourth-inch or one-eighth-inch;

(b) An assessor’s map;

(d) The required fee.

(2) The proposed temporary use site plan shall include the following information (as noted on a preapplication checklist):

(a) The proposed site and its structures, driveways, parking, and landscaping areas;

(b) The number and location of all parking spaces to be used in conjunction with the temporary use;

(d) Location of any temporary signs; and

(e) Proposed route, date and time of any parade, or other such event involving the use of the public right-of-way.

(3) The applicant shall submit a statement which shall contain the following information and documentation (as noted on a preapplication checklist):

(a) Letter of acknowledgment from the affected property owner(s) of record on which the temporary use is to occur;

(b) Name of person(s) or organization sponsoring the event;

(d) Dates of operation, setup, and cleanup;

(e) Hours of operation;

(f) Estimated number of cars per day;

(g) Name, mailing address, and phone number of a contact person;

(h) Names, addresses, and phone numbers of any vendors;

(i) Proof of insurance, if required;

(j) Proof of city business license; and

(k) Any other information required by the director to evaluate the proposal. (Ord. 2875 § 1.152.080, 2003)