Chapter 17.60
TEMPORARY USES
Sections:
17.60.030 Application process.
17.60.055 Event and temporary use permits – Chief of police authority.
17.60.070 Limitation on activity.
17.60.080 Required conditions.
17.60.010 Purpose.
To provide an administrative approval process whereby the city may permit uses to locate within the city on an interim basis without requiring full compliance with the development standards for the applicable zoning district, or by which the city may allow seasonal or transient uses not otherwise permitted. Under this chapter, the city may impose conditions on a temporary use permit to protect the public health, safety and welfare. (Ord. 3335 § 2 (Exh. C.N), 2024; Ord. 3154 § 4(6) (Exh. H), 2016; Ord. 2571 § 2, 1997).
17.60.020 Permit required.
A. Applicability. No temporary use shall be permitted within the city except in accordance with the provisions of this chapter. A temporary use permit is required for temporary uses except those specifically exempted pursuant to PTMC 17.60.040. The PCD director shall have authority to grant, grant with conditions, or deny an application; provided, that the director shall have no authority to modify the limits established in PTMC 17.60.070.
B. Who May Apply. The property owner or the owner’s agent may apply for a temporary use permit on private property. Any person may apply for a temporary use permit within a public right-of-way. (Ord. 3335 § 2 (Exh. C.N), 2024; Ord. 3154 § 4(6) (Exh. H), 2016; Ord. 2571 § 2, 1997).
17.60.030 Application process.
A. Applications. The application for a temporary use permit shall be submitted on forms obtained from the PCD director of the planning and community development department. The application shall be acknowledged by the property owner.
B. Procedure. The PCD director shall verify that the application is consistent with the requirements of this chapter, and that the application contains proof of a city business license, if applicable.
C. Approval Process. All temporary uses shall be processed as Type I permits, in accordance with the administrative approval procedures of Chapter 20.01 PTMC and enforced in accordance with the procedures detailed in Chapter 1.20 PTMC. (Ord. 3335 § 2 (Exh. C.N), 2024; Ord. 3287 § 5, 2022; Ord. 3154 § 4(6) (Exh. H), 2016; Ord. 2892 § 1, 2005; Ord. 2571 § 2, 1997).
17.60.040 Exemptions.
The following activities are exempt from the permit requirements of this chapter, but shall otherwise comply with the substantive requirements of this chapter, unless specifically noted otherwise:
A. Contractors’ offices, model homes, on- and off-site contractors’ construction yards and other temporary structures in conjunction with an approved development application. Such uses shall be subject to the time limitation set forth in PTMC 17.60.060, but may be renewed immediately upon expiration at the discretion of the PCD director of the planning and community development department;
B. Garage and yard sales; and
C. City-sponsored uses and activities not occurring within a structure, and occurring at regular periodic intervals (i.e., weekly, monthly, yearly, etc.). (Ord. 3335 § 2 (Exh. C.N), 2024; Ord. 3287 § 5, 2022; Ord. 3154 § 4(6) (Exh. H), 2016; Ord. 2892 § 1, 2005; Ord. 2571 § 2, 1997).
17.60.045 Minimum standards.
Repealed by Ord. 3335. (Ord. 3154 §§ 4(6) (Exh. H), 4(9) (Exh. K), 2016).
17.60.047 Departures.
Repealed by Ord. 3335. (Ord. 3154 § 4(6) (Exh. H), 2016).
17.60.050 Approval criteria.
The PCD director of the planning and community development department may approve, or modify and approve, an application for a temporary use permit if all of the following criteria are satisfied:
A. The temporary use will not be materially detrimental to the public health, safety or welfare, nor injurious to property or improvements in the immediate vicinity;
B. The temporary use is compatible with the purpose and intent of this title, and the specific zoning district in which it will be located;
C. The temporary use is compatible in intensity and appearance with existing land uses in the immediate vicinity;
D. Structures proposed for the temporary use comply with the setback and clear vision area requirements of this title, and with applicable provisions of the building and fire codes;
E. Adequate parking is available to serve the temporary use, and, if applicable, the temporary use does not occupy required off-street parking facilities for adjacent or nearby uses;
F. Hours of operation of the temporary use are specified;
G. The temporary use will not cause noise, light, or glare which adversely impacts surrounding land uses; and
H. If applicable, the applicant has obtained approval of a street use agreement pursuant to Chapter 12.10 PTMC. (Ord. 3335 § 2 (Exh. C.N), 2024; Ord. 3287 § 5, 2022; Ord. 3154 § 4(6) (Exh. H), 2016; Ord. 2892 § 1, 2005; Ord. 2571 § 2, 1997).
17.60.055 Event and temporary use permits – Chief of police authority.
In issuing any event permit or temporary use permits for use of the right-of-way or any public space, the chief of police (or designee), in consultation with the planning and community development director and the public works director, is authorized to establish conditions and restrictions for the event to ensure public safety, including conditions that restrict others’ use of the area set aside for the event or use. For example:
A. The chief could grant a permit holder the right to use portions of streets or sidewalks (subject to conditions to maintain public access and ensure safety). For example, a permit to a festival could allow the festival the authority to use certain sidewalks for event purposes (such as tables and booths) in the discretion of the permit holder, so long as minimum access standards set by the chief were maintained for safety of the public.
B. Chief could grant a permit for exclusive use of the sidewalk as part of an event. For example, a permit for an event at a building that also included outside activities could also include use of a defined area around the building (with conditions to ensure safety). (Ord. 3335 § 2 (Exh. C.N), 2024; Ord. 3287 § 5, 2022; Ord. 3154 § 4(6) (Exh. H), 2016; Ord. 3091 § 2, 2014).
17.60.060 Time limitation.
A temporary use is valid for up to 180 calendar days from the effective date of the permit; however, the PCD director of the planning and community development department may establish a shorter time frame. The director may grant one extension not to exceed 60 days, upon the applicant showing compliance with all conditions of permit approval. (Ord. 3335 § 2 (Exh. C.N), 2024; Ord. 3287 § 5, 2022; Ord. 3154 § 4(6) (Exh. H), 2016; Ord. 2892 § 1, 2005; Ord. 2571 § 2, 1997).
17.60.070 Limitation on activity.
A property owner or other holder of a temporary use permit may not file an application for a successive temporary use permit for 60 days following the expiration of an approved permit applying to that property. (Ord. 3335 § 2 (Exh. C.N), 2024; Ord. 3154 § 4(6) (Exh. H), 2016; Ord. 2571 § 2, 1997).
17.60.080 Required conditions.
The director of the planning and community development department shall establish, as a condition of each temporary use permit:
A. A time within which the use and all physical evidence of the use must be removed.
B. If the applicant has not removed the use as required by the temporary use permit, the city may abate the use as provided in PTMC 17.60.090.
C. Applicant shall obtain a city business license, if applicable. (Ord. 3335 § 2 (Exh. C.N), 2024; Ord. 3287 § 5, 2022; Ord. 3154 § 4(6) (Exh. H), 2016; Ord. 2892 § 1, 2005; Ord. 2571 § 2, 1997).
17.60.090 Abatement.
Prior to the approval of a temporary use permit, the applicant shall submit to the director of the planning and community development department an irrevocable, signed and notarized statement granting the city permission to summarily enter the applicant’s property with reasonable notice and abate the temporary use, and all physical evidence of that use if it has not been removed as required by the terms of the permit. The statement shall also indicate that the applicant will reimburse the city for any expenses incurred in abating a temporary use under the authority of this chapter. (Ord. 3335 § 2 (Exh. C.N), 2024; Ord. 3287 § 5, 2022; Ord. 3154 § 4(6) (Exh. H), 2016; Ord. 2892 § 1, 2005; Ord. 2571 § 2, 1997).
17.60.100 Assurance device.
In appropriate circumstances, the director of the planning and community development department may require a reasonable performance of maintenance assurance device, in a form acceptable to the city attorney, to assure compliance with the provisions of this title and the temporary use permit as approved. (Ord. 3335 § 2 (Exh. C.N), 2024; Ord. 3287 § 5, 2022; Ord. 3154 § 4(6) (Exh. H), 2016; Ord. 2892 § 1, 2005; Ord. 2571 § 2, 1997).