Chapter 17A.230
TEMPORARY USE PERMITS
Sections:
17A.230.010 Purpose and intent.
17A.230.030 Application requirements.
17A.230.050 Potential conditions of approval.
17A.230.060 Standards and criteria.
17A.230.100 Additional conditions of approval.
17A.230.010 Purpose and intent.
The purpose of this chapter is to ensure that certain uses, of a limited scope, duration and frequency, are allowed to operate on a short-term basis. These temporary uses shall be conducted so they do not have long-term impacts upon permitted uses, the character of the area in which they are proposed to be located, and people living and working in the area. The intent of this chapter is to define these uses and identify standards and criteria for governing their scope, duration and frequency. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.230.020 Required.
A temporary use permit issued under provisions of this chapter is required to conduct a use limited in scope, duration and frequency as defined herein. Temporary use permits (TUP) shall be required for:
A. Those uses specifically identified and described within the temporary uses section of this chapter; and
B. Uses not listed herein, but are determined by the administrator to be limited in scope, duration and frequency and similar to those otherwise permitted in a zone, and which are typical and reasonable in the zone. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.230.030 Application requirements.
Applications for temporary use permits shall be filed with the administrator at the office of planning and development and shall be processed as an administrative application review process in accordance with OCC Title 20, Development Permit Procedures and Administration, except that various agencies may be solicited for regulatory information in order to allow the administrator to determine appropriate mitigation and/or conditions. An application is comprised of a completed application form with a detailed description of the scope, duration and frequency of the proposed use, accompanied by a detailed site plan identifying proposed activities, traffic patterns and access points, and areas of concentrated activities, and any required application fees. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.230.040 Temporary uses.
The following uses shall be considered allowed temporary uses subject to all conditions found herein, as well as all other applicable state and county requirements. This is not a comprehensive list but may also include any other use that is deemed consistent with the purpose and intent of this chapter as determined by the administrator.
|
Use |
Description |
Conditions |
|---|---|---|
|
Agricultural products stand |
Stand not accessory to the existing use on the parcel on which it is located; may be owned and operated by person or persons not owning the property on which it is located |
•Limited to a maximum of four consecutive weeks per year •Display and storage area no larger than 200 square feet •Signage limited to 30 square feet |
|
Asphalt batching operation |
Preparation of asphalt as part of construction or maintenance |
•Limited to time necessary for construction or maintenance of project; maximum of 21 consecutive days from the commencement of operation •Requires a Department of Ecology air quality permit and water quality permit |
|
Christmas tree lots |
An area of a lot generally cordoned off with a variety of Christmas trees in an orderly arrangement for the purpose of viewing and purchasing by private parties |
•Limited to Thanksgiving through Christmas |
|
Concrete batching operation |
Preparation of concrete as part of construction or maintenance |
•Limited to time necessary for construction or maintenance of project; maximum of 21 consecutive days from the commencement of operation •Requires a Department of Ecology air quality permit and water quality permit |
|
Construction offices |
Mobile homes, modular homes, or portable units for office or project caretaker’s quarters Example: an on-site trailer used as an office by the foreman of the construction job (Walmart) |
•Limited to the duration of the immediate construction project |
|
Contractor equipment and supplies storage |
A fenced area or portable storage facility located on a site on which construction is occurring, for the sole purpose of storing tools, supplies and equipment necessary for construction Storage of tools, supplies, and equipment for construction occurring on a different site is prohibited |
•The equipment, supplies and tools shall only be for the construction occurring on that site •The equipment, supplies and tools shall either be screened in from public view or totally contained in an enclosed storage facility on the site |
|
Disaster and emergency operations •medical facilities •heliports and helipads •communications facilities •base and “spike” camps |
A flood, fire, earthquake, disease outbreak, or other similar catastrophic event, which reaches a level of severity that requires the intervention and/or mobilization of state or federal agencies enlisted in response |
•Permit shall expire after demobilization that occurs when the disaster or emergency has ceased |
|
Farmworker housing |
Structures placed for the use by an employer for employees hired and working as seasonal or migrant workers on a farm or orchard |
•Temporary farmworker housing is limited to late spring through fall occupancy, as minimal or no heating or insulation is used in the construction of the temporary housing units |
|
Emergency shelters |
A facility with overnight sleeping accommodations, the primary purpose of which is to provide temporary shelter for the homeless in general or for specific populations of the homeless |
•Permit shall expire after the emergency has ceased |
|
Fireworks stands |
Generally, a booth with a countertop, not more than 80 square feet, capable of being closed up to secure the contents when not vending |
•Limited to June 14th through July 5th |
|
Mobile car crushing facility |
A commercial, portable crushing facility capable of being moved from location to location, to crush inoperative vehicles, whose remains are then transported to a commercial car recycling facility |
•Limited to 21 days on any one site •Requires Washington State Patrol review and approval •Requires containment of all glass and hazardous materials |
|
Mobile medical testing facilities |
A medical/dental lab, set up in a mobile home-type structure that is moved from site to site, offering specific testing using specialized equipment not generally available in the area, and generally at the request of a local medical or dental facility |
•Limited to 10 days •Must be adjunct to an existing authorized medical or dental facility located within the county |
|
Sawmill, portable (noncommercial) |
See definition of “sawmill, portable” in OCC 17A.20.780 |
•Lumber produced must be used on site •May be operated for only the amount of time necessary to accomplish the immediate project |
|
Single-family dwellings associated with the construction of a primary residence |
An existing residence that will be moved or demolished upon completion of the new residence; sometimes travel trailers or mobile homes are brought to the site to be used as a temporary residence |
•Limited to the life of the building permit or upon final approval for occupancy of the new residence |
|
Special event camping |
Camping limited to a week before, during, and after a special event, such as the Omak Stampede |
•Not applicable to this chapter. Permitted as a festival in accordance with Chapter 5.25 OCC, Assemblies and Festivals |
(Ord. 2016-4 § 1 (Att. A), 2016).
17A.230.050 Potential conditions of approval.
The types of conditions which the administrator may impose on a temporary use permit shall include, but are not limited to:
A. Specifying the duration of time within which the action shall begin and be completed.
B. Specifying the exact locations of activities or structures as a means of minimizing hazards to life, limb, property damage, environmental impacts (erosion, landslide, etc.), traffic impacts, and protection of neighboring property owners’ private property rights.
C. Mitigating nuisance-generating features such as noise, colors, air pollution, wastes, vibration, traffic, physical hazards, off-site light glare, etc.
D. Specifying the hours of operation.
E. Specifying the appropriate signage.
F. That all other applicable state and local agency regulations and requirements (i.e., the health department, building department, WSDOE, etc.) are complied with. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.230.060 Standards and criteria.
The administrator shall consider the following standards and criteria in evaluating temporary use permits:
A. That proposed projects are evaluated as to ensure that they are temporary in nature and do not have long-term impacts to adjacent properties;
B. That proposed projects are evaluated as to ensure the public’s general health, safety, and welfare;
C. That the proposal is limited in scope, duration and frequency;
D. That the proposed temporary use is compatible with surrounding, preexisting uses. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.230.070 Extension.
Continuance of a temporary use beyond the specified time permitted shall require application for a conditional use permit. One extension may be applied for and granted if the administrator deems that reasonable circumstances beyond the control of the applicant are just cause. If granted, the extension may not be greater than 50 percent of the original approval time. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.230.080 Approval.
In addition to the administrative review process of OCC Title 20, Development Permit Procedures and Administration, the administrator shall complete written findings, pursuant to the intent of this chapter, documenting the considerations given in denying or approving with conditions of approval. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.230.090 Revocation.
In the event complaints are received and deemed valid by the administrator that an operating temporary use is not in conformance with the provisions of this chapter, the permit may be revoked, or the administrator may place additional conditions thereon in accordance with OCC 17A.230.100. (Ord. 2016-4 § 1 (Att. A), 2016).
17A.230.100 Additional conditions of approval.
If deemed necessary by the administrator, additional conditions of approval may be added to an existing permitted temporary use to keep the temporary use in compliance with the purpose and intent of this chapter. (Ord. 2016-4 § 1 (Att. A), 2016).