Chapter 18.265
TEMPORARY USE PERMITS
Sections:
18.265.010 Pre-application review.
18.265.040 Application contents.
18.265.060 Expiration and extension.
18.265.070 Removal of a temporary use.
18.265.080 Limitation on new application.
18.265.010 Pre-application review.
An application for a Type I temporary use permit is not subject to pre-application review. An application for a Type II temporary use permit is subject to pre-application review consistent with LCMC 18.30.020. [Ord. 2022-09 § 3 (Exh. B), 2022; Ord. 2006-17 § 1, 2006.]
18.265.020 Review process.
(1) Review of a technically complete application for a temporary use permit for a use that will exist not more than six months is subject to a Type I process. See LCMC 18.30.080.
(2) Review of a technically complete application for a temporary use permit for a use that will exist for more than six months and up to 24 months is subject to a Type II process. See LCMC 18.30.090. [Ord. 2022-09 § 3 (Exh. B), 2022; Ord. 2006-17 § 1, 2006.]
18.265.030 Exemptions.
The following uses are exempt from the requirement to obtain a temporary use permit:
(1) Garage and yard sales;
(2) City-sponsored uses and activities;
(3) Fireworks stands;
(4) Holiday sales lots;
(5) Temporary construction trailers associated with development during periods of active construction; and
(6) Street vendors in compliance with Chapter 5.40 LCMC. [Ord. 2022-09 § 3 (Exh. B), 2022.]
18.265.040 Application contents.
An applicant for a temporary use permit shall submit the requisite fee and four copies of the information required by LCMC 18.30.050, except as otherwise provided therein. [Ord. 2022-09 § 3 (Exh. B), 2022; Ord. 2006-17 § 1, 2006. Formerly 18.265.030.]
18.265.050 Approval criteria.
(1) The review authority shall approve or approve with conditions an application for a temporary use permit in any zone if he or she finds the applicant has sustained the burden of proving that:
(a) The use is compatible in intensity and appearance with existing land uses that could be approved in the specific zoning district in which it will be located. The temporary use shall be one of the approved, conditional, or limited uses listed in the applicable zone. Intensity shall consider percent of the site placed in impervious surface, structure height, and traffic and parking demand as compared with what could be approved for permanent uses.
(b) Structures proposed for the temporary use shall be located within the boundaries of the parcel of land on which they are located and shall comply with the setback and vision clearance requirements and with applicable provisions of the building and fire codes;
(c) The number of parking spaces available to serve the temporary use shall meet the requirements of Chapter 18.280 LCMC and, if applicable, the use does not occupy required off-street parking areas for adjacent or nearby uses;
(d) Access to the site is appropriate considering the anticipated volume of traffic resulting from the use;
(e) Hours of operation of the use are specified and are consistent with the type of use proposed and take into consideration adjacent uses. Temporary uses shall generally operate between the hours of 7:00 a.m. and 8:00 p.m. If there are noise or other off-site adverse impacts, the city may restrict hours of operation to protect adjacent uses;
(f) The use will not cause noise exceeding the limits specified in LCMC 18.245.050 and Chapter 173-60 WAC or light, vibration, smoke, or glare that adversely impacts surrounding land uses and cannot be mitigated by conditions of approval; and
(g) Hazardous materials use or disposal associated with the use must comply with applicable federal, state, and local regulations and shall not generate life safety hazards.
(2) The review authority may impose conditions of approval deemed necessary to ensure the proposed temporary use complies with the foregoing approval criteria. [Ord. 2022-09 § 3 (Exh. B), 2022; Ord. 2006-17 § 1, 2006. Formerly 18.265.040.]
18.265.060 Expiration and extension.
(1) A temporary use permit shall automatically expire on the date specified in the approval unless an extension request is approved prior to expiration.
(2) A temporary use permit approved through a Type I process may be extended once for up to an additional six calendar months through a Type I process.
(3) A temporary use permit approved through a Type II process will expire on the date specified in the approval, but may be extended for up to a total of 36 months from the date of the original approval through a Type I process. [Ord. 2022-09 § 3 (Exh. B), 2022; Ord. 2006-17 § 1, 2006. Formerly 18.265.050.]
18.265.070 Removal of a temporary use.
The temporary use permit shall specify, as a condition of approval, that the temporary use and all physical evidence of the use must be removed within 30 days after expiration of the permit. If the applicant has not removed the use as required, the city may abate the use. [Ord. 2022-09 § 3 (Exh. B), 2022.]
18.265.080 Limitation on new application.
(1) Where a temporary use permit was approved for a particular property through a Type I process, no new applications for a temporary use permit may be approved for the same property for six calendar months after the prior permit or extension expired.
(2) Where a temporary use permit was approved for a particular property through a Type II process, no new applications for a temporary use permit may be approved for the same property for one calendar year after the prior permit or extension expired. [Ord. 2022-09 § 3 (Exh. B), 2022; Ord. 2006-17 § 1, 2006. Formerly 18.265.060.]