Chapter 19.75 Temporary Use Permits

Chapter 19.75
Temporary Use Permits

19.75.010 Uses Requiring Temporary Use Permits.

Except as provided by BMC 19.75.020, a temporary use permit shall be required for:

1. Uses not otherwise permitted in the zone that can be made compatible for periods of limited duration and/or frequency; or

2. Limited expansion of any use that is otherwise allowed in the zone but which exceeds the intended scope of the original land use approval. [Ord. 545 § 1, 2010, Ord. 28 § 1(546), 1993]

19.75.020 Exemptions to Permit Requirement.

1. The following uses shall be exempt from requirements for a temporary use permit when located in the CN, CI, CC, CR, DC, SPA-1, SPA-3, O, AI or I zones for the time period specified below:

A. Uses not to exceed a total of 30 days each calendar year:

i. Christmas tree lots; and

ii. Produce stands.

B. Uses not to exceed a total of 14 days each calendar year:

i. Amusement rides, carnivals, or circuses;

ii. Community festivals; and

iii. Parking lot sales.

2. Any use not exceeding a cumulative total of two days each calendar year shall be exempt from requirements for a temporary use permit.

3. Any community event held in a public park and not exceeding a period of seven days shall be exempt from requirements for a temporary use permit.

4. The city may revoke or suspend a permit if circumstances under which the permit was issued are no longer present or the conditions of the permit are violated. Any appeal of such a revocation or suspension, or denial of the initial application, shall be to the city manager or a designee. [Ord. 545 § 1, 2010, Ord. 269 § 23, 1999; Ord. 50 §§ 2, 3, 1993; Ord. 28 § 1(547), 1993]

19.75.030 Duration and Frequency.

Temporary use permits shall be limited in duration and frequency as follows:

1. The temporary use permit shall be effective for 180 days from issuance;

2. The temporary use shall not exceed a total of 60 days, provided that this requirement applies only to the days that multiple or nonsuccessive event(s) actually take place;

3. The temporary use permit shall specify a date upon which the use shall be terminated and removed; and

4. A temporary use permit shall not be granted for the same temporary use on a property more than once per calendar year provided that a temporary use permit may be granted for multiple events over a maximum 180-day period. [Ord. 545 § 1, 2010, Ord. 28 § 1(548), 1993]

19.75.040 Parking and Traffic Control.

1. Parking and access for proposed temporary uses shall be approved by the city. [Ord. 28 § 1(549), 1993]

2. The applicant for a proposed temporary use shall provide any parking/traffic control attendants as specified by the City. [Ord. 545 § 1, 2010, Ord. 28 § 1(550), 1993]

19.75.050 Temporary Construction Buildings.

Temporary structures for storage of tools and equipment or for supervisory offices may be permitted for construction projects, provided that such structures are:

1. Allowed only during periods of active construction; and

2. Removed within 30 days of project completion or cessation of work. [Ord. 545 § 1, 2010, Ord. 28 § 1(551), 1993]

19.75.060 Temporary Construction Residence.

1. A mobile home may be permitted on a lot as a temporary dwelling for the property owner, provided a building permit for a permanent dwelling on the site has been obtained.

2. The temporary mobile home permit shall be effective for a period of 12 months. The permit may be extended for one additional period of 12 months if the permanent dwelling is constructed with a finished exterior by the end of the initial approval period.

3. The mobile home shall be removed within 90 days of:

A. The expiration of the temporary mobile home permit; or

B. The issuance of a certificate of occupancy for the permanent residence, whichever occurs first. [Ord. 545 § 1, 2010, Ord. 28 § 1(552), 1993]

19.75.070 Temporary Mobile Home for Medical Hardship.

1. A mobile home may be permitted as a temporary dwelling on the same lot as a permanent dwelling, provided:

A. The applicant demonstrates the temporary dwelling is necessary to provide daily care to an individual certified by a physician as needing such care;

B. The primary provider of daily care shall reside on-site; and

C. The mobile home together with the permanent residence shall meet the setback, height, building footprint, and lot coverage provisions of the applicable zone.

2. Temporary mobile home permits for medical hardships shall be effective for 12 months. Extensions of the temporary mobile home permit may be approved in 12-month increments subject to demonstration of continuing medical hardship.

3. The mobile home shall be removed within 90 days of:

A. The expiration of the temporary mobile home permit; or

B. The cessation of provision of daily care. [Ord. 545 § 1, 2010, Ord. 28 § 1(553), 1993]

19.75.080 Temporary Real Estate Offices.

One temporary real estate office may be located on any new residential development, provided that activities are limited to the initial sale or rental of property or units within the development. The office use shall be discontinued within one year of recording of a subdivision or short subdivision or issuance of a final certificate of occupancy apartment development. [Ord. 545 § 1, 2010, Ord. 28 § 1(554), 1993]

19.75.090 Temporary Use Permit.

A temporary use permit shall be granted by the city, only if the applicant demonstrates that:

1. The proposed temporary use will not be materially detrimental to the public welfare;

2. The proposed temporary use is compatible with existing land use in the immediate vicinity in terms of noise and hours of operation;

3. Adequate public off-street parking and traffic control for the exclusive use of the proposed temporary use can be provided in a safe manner; and

4. The proposed temporary use is not otherwise permitted pursuant to BMC 19.75.010 in the zone in which it is proposed. [Ord. 545 § 1, 2010, Ord. 28 § 1(608), 1993]