Chapter 18.280
TEMPORARY USE PERMIT
Sections:
18.280.070 Removal of temporary use.
18.280.010 Purpose.
Temporary use permit is a mechanism by which the city may permit a use to locate within the city on an interim basis without requiring full compliance with the development standards of the land use district or by which the city may permit seasonal or transient uses not otherwise permitted. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)
18.280.020 Applicability.
Upon approval, temporary permits may be issued for the following uses or structures:
A. A mobile home, recreation vehicle or other temporary structure for a residential purpose during the construction period of a new residence on the same lot. Appropriate building permit is required.
B. Use of an existing legally established dwelling unit during the construction period of a new residence on the same lot.
C. Temporary sales office and/or model home.
D. Temporary structures in the commercial and business/employment zoning districts associated with the primary use on the property.
E. Temporary housing for personnel such as watchmen, labor crews, engineering, and management.
F. Use of equipment essential to and only in conjunction with the construction or building of a road, bridge, ramp, dock, and/or jetty located in proximity to the temporary site; provided, that the applicant shall provide a construction contract or other evidence of the time period required to complete the project; and provided further, that the following equipment shall be considered essential to and in conjunction with such construction projects:
a. Portable asphaltic concrete-mixing plants;
b. Portable concrete-batching plants;
c. Portable rock-crushing plants;
d. Accessory equipment essential to the use of the aforementioned plants.
G. Temporary uses and structures otherwise permitted within the zone which will remain up to one year on an existing lot or parcel where compliance with site plan review and landscaping requirements are impractical.
H. Temporary uses and structures not permitted within the zone but have a demonstrated public benefit may be approved by the review authority for a period no greater than six months. In approving the permit, the review authority shall find that the use is compatible with the surrounding land uses; the use will have minimal impact on city services and traffic; and granting the use is consistent with the public health, safety and welfare.
I. A temporary use or structure for a purpose not anticipated by this chapter, but not in conflict with it, or a unique situation as determined by the planning director, for a period of less than ninety days in a calendar year.
J. Temporary transitory accommodations.
K. Food/beverage and retail mobile vending carts. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2007-56 § 12 (part), 2007; Ord. 2003-10 § 1 (Exh. A, VIII(I)), 2003. Formerly 18.84.090)
18.280.030 Exemptions.
The following activities are exempt from the requirements of temporary permits:
A. Temporary office, storage sheds, equipment, housing and staging areas in relation to current construction projects with approved land use and building permits, and may be allowed for the duration of the construction project.
B. Seasonal temporary uses, such as firework stands and Christmas tree lots. Other applicable city permits remain required.
C. Community-wide special events, festivals, celebrations that have received a special event license.
D. Special events, concerts or festivals located on city owned parks or public facilities.
E. Garage sales conducted in private homes; provided, that the sales last no longer than three days, are conducted on the owner’s property, and held no more than six times in a calendar year. (Multifamily sales are permitted when held on the property of one of the participants.)
F. Temporary fundraising and other civic activities in the commercial and business/employment zoning districts.
G. Portable storage pods located for temporary use in R zones, but shall not be located in public right-of-way; and provided, that if the storage pod remains for more than ninety days, a temporary use permit is required. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2007-56 § 12 (part), 2007; Ord. 2003-10 § 1 (Exh. A, VIII(I)), 2003. Formerly 18.84.090)
18.280.040 Review authority.
Temporary use permit applications are processed under a Type I application according to the provisions of Title 19. (Ord. 2013-04 § 2 (Exh. A (part)), 2013)
18.280.050 Time limitation.
A. The review authority may approve temporary permits, with conditions to mitigate negative impacts, valid for one year, or as otherwise regulated in this section.
B. Upon request in writing no less than thirty days prior to the permit expiration, temporary permits may be granted one additional one-year extension by the planning director with demonstrated good cause.
C. If, after the one-year initial TUP permit and if a one-year extension was approved, the temporary use owner requests the use to continue, the city will consider it a permanent use; a site plan application shall be submitted and processed subject to the provisions of Chapter 18.270.
D. The temporary use permit may be revoked if the conditions of approval are not met at any time. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2007-56 § 12 (part), 2007; Ord. 2003-10 § 1 (Exh. A, VIII(I)), 2003. Formerly 18.84.090)
18.280.060 Decision criteria.
The review authority may approve or modify and approve an application for a temporary use permit if:
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 of the temporary use.
B. The temporary use is not incompatible in intensity and appearance with existing land uses in the immediate vicinity of the temporary use.
C. Adequate parking is provided to serve the temporary use, and if applicable the temporary use does not create a parking shortage for other existing uses on the site.
D. Hours of operation of the temporary use are specified.
E. The temporary use will not cause noise, light, or glare which adversely impacts surrounding uses. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2007-56 § 12 (part), 2007; Ord. 2003-10 § 1 (Exh. A, VIII(I)), 2003. Formerly 18.84.090)
18.280.070 Removal of temporary use.
A. The planning director shall establish, as a condition of approval for each temporary use permit, a time within which the use and all physical evidence of the use must be removed.
B. Prior to granting a temporary permit under this chapter, the review authority may require that the applicant provide a cash or surety bond of not less than one thousand dollars, nor more than two thousand five hundred dollars, to ensure timely removal of the temporary use. If the temporary use or structure is not removed or discontinued at the end of its designated time, said cash or surety bond shall be forfeited. (Ord. 2013-04 § 2 (Exh. A (part)), 2013: Ord. 2007-56 § 12 (part), 2007; Ord. 2003-10 § 1 (Exh. A, VIII(I)), 2003. Formerly 18.84.090)