Chapter 20.70
TEMPORARY USES

Sections:

20.70.001    Description and purpose.

20.70.005    Temporary use permit required.

20.70.010    Permitted temporary uses – Residential zones.

20.70.012    Permitted temporary uses – C, MX and M zones.

20.70.014    Permitted temporary uses – Time limits in C, MX and M zones.

20.70.016    Temporary use permit for seasonal produce stands.

20.70.020    Temporary uses not listed.

20.70.021    Temporary use permit for expanded recreational vehicle use.

20.70.022    Hearing examiner review of expansion or intensification of recreational vehicle use.

20.70.025    Special requirements – Temporary uses.

20.70.030    Application procedure.

20.70.035    Conditions and bonds.

20.70.001 Description and purpose.

Certain uses, when active for a limited and temporary period of time and when properly regulated, can be compatible, or otherwise limited in impact to neighboring properties and the general community. This chapter is intended to provide this title with the flexibility to accommodate these temporary uses. (Ord. 2704 § 1, 2001; Ord. 2147 Exh. A, 1987).

20.70.005 Temporary use permit required.

Prior to the establishment of any temporary use as permitted and regulated under the provisions of this chapter, there shall be a permit for such temporary use issued by the planning director, except when not required pursuant to PMC 20.70.012(4). (Ord. 2783 § 2, 2004; Ord. 2704 § 1, 2001; Ord. 2478 § 1, 1996; Ord. 2147 Exh. A, 1987).

20.70.010 Permitted temporary uses – Residential zones.

The following temporary uses are permitted in the RS, RM, PDR and residential use areas within PDC zones:

(1) Contractor’s offices and storage yards on the site of any active construction project;

(2) Mobile home residences or trailers for security or temporary lodging purposes on the site of an active construction project but for not more than a total of six months in any one-year period;

(3) Garage or yard sales conducted exclusively by the occupants of a residential dwelling, subject to no greater frequency than four times in any one-year period and three days of sale in any single month. Such sales are exempt from the permit requirements set forth in PMC 20.70.005. Garage or yard sales which exceed these specified time limits are prohibited and shall be considered violations of this title. Tents or other temporary structures used in conjunction with any garage or yard sale shall not exceed 120 square feet in area;

(4) Rummage and other outdoor sales sited at a school, church or other permitted nonresidential institutional facility, subject to not more than a total of 30 days of site occupation and operation in any one-year period;

(5) Temporary stands as specified below are exempt from the permit requirements set forth in PMC 20.70.005, but must comply with the requirements of PMC 20.70.025 and the licensing requirements of PMC Title 5:

(a) Temporary businesses established for the sale of retail products, services and food, subject to not more than 30 days of site occupancy and operation in any one-year period on the following specifically described properties:

(i) All properties that abut to the north side of 9th Avenue SW between South Meridian and 5th Street SW;

(ii) All properties in the southwest corner of the intersection of 5th Street SW and 9th Avenue SW, that abut the first 210 feet of the west side of Fairview Drive South of 9th Avenue SW, or that abut the first 120 feet of the south side of 9th; and

(iii) All properties that abut South Meridian between 4th Avenue SE and 10th Avenue SE, except property owned by the Western Washington Fair;

(b) Christmas tree sales lot, subject to not more than 40 days of site occupation and operation in any one-year period; and

(c) Outdoor art and craft shows and exhibits, subject to not more than 30 days of site occupation and display in any one-year period;

(6) Temporary motor vehicle parking to serve visitors to the Western Washington Fair during the annual fall fair only, provided such properties are within 2,000 feet of FAIR-zoned properties. Such temporary parking shall be exempt from the permit requirement set forth in PMC 20.70.005;

(7) Model homes and real estate office on the site of a subdivision project where less than 75 percent of the lots have been sold or developed with homes, or for 18 months from the date of issuance of the permit, whichever is less;

(8) Where the use of property for temporary parking and occupancy of recreational vehicles has been clearly established prior to December 31, 1987, such use may continue, unchanged and in the previously established manner without the need to obtain a temporary use permit or other approval required by this chapter. However, such use shall not be expanded or intensified, and facilities associated with the recreational vehicle use shall not be constructed or modified in a manner requiring any government permit without first obtaining the approval of the hearing examiner as provided by PMC 20.70.021 and 20.70.022. If such enlargement, intensification, construction or modification is approved by the hearing examiner, recreational vehicle use shall thereafter be subject to the temporary use permit requirements of PMC 20.70.005 and 20.70.021. (Ord. 2957 § 2, 2010; Ord. 2704 § 1, 2001; Ord. 2393 § 1, 1994; Ord. 2268 § 44, 1991; Ord. 2233 § 1, 1990; Ord. 2196 § 11, 1989; Ord. 2173 § 2, 1988; Ord. 2147 Exh. A, 1987).

20.70.012 Permitted temporary uses – C, MX and M zones.

In addition to those temporary uses specified in PMC 20.70.010, the following categories of temporary uses are permitted in the C, MX and M zones:

(1) Circuses, carnivals and similar transient amusement enterprises, subject to not more than 30 days of site occupation and/or operation in any one-year period;

(2) Fireworks stands subject to the requirements of the standard operating procedures of the Puyallup fire department and a limitation for not more than 14 days of site occupation and/or operation in any one-year period;

(3) Temporary businesses established for the sale of retail products, services, and food, when located within designated parking areas, subject to not more than 30 days of site occupation and/or operation in any one-year period:

(a) When approved by the development services director, temporary food stands located outside of driveway areas and designated fire lanes are exempt from the time limitations of this chapter;

(4) Parking lot and other outdoor sales, subject to not more than 30 days of site occupation and operation in any one-year period; except that unmanned temporary tent-type stands when used for vehicle displays on existing permitted vehicle sales/display lots are subject to not more than 75 days of site occupation and operation in any one-year period; said operations shall not require a permit;

(5) Mobile home residences or trailers for security purposes on the site of an active construction project. (Ord. 3119 § 59, 2016; Ord. 3073 § 33, 2014; Ord. 2783 § 2, 2004; Ord. 2697 § 1, 2001; Ord. 2233 § 1, 1990; Ord. 2147 Exh. A, 1987. Formerly 20.70.015).

20.70.014 Permitted temporary uses – Time limits in C, MX and M zones.

The following provisions in this section for computing time limits shall govern temporary uses permitted in the C, MX and M zones. One or more activities within each of the categories of use specified in PMC 20.70.010 and/or 20.70.012 may occupy a site up to the specified time period without limiting the ability of one or more activities in another category of use to occupy the site, subject to the respective time limitations specified in PMC 20.70.010 or 20.70.012, whichever is applicable.

(1) Exception. For any activities on sites that are part of a development that includes more than 500,000 square feet of enclosed leasable area, only the following three time limitations shall apply:

(a) Site occupation and/or operation cumulatively by all permitted temporary uses shall not exceed 180 days per year;

(b) No individual temporary use shall occupy and/or operate for longer than 30 days per year;

(c) Site occupation and/or operation cumulatively by all temporary businesses for the sale of recreational vehicles shall not exceed 60 days in any one-year period.

(2) Temporary uses of less than 24 hours in duration on any site are exempt from and do not apply towards the time limitations of this section or PMC 20.70.010 or 20.70.012. (Ord. 3119 § 60, 2016; Ord. 2697 § 1, 2001).

20.70.016 Temporary use permit for seasonal produce stands.

A temporary use permit for seasonal produce stands may be granted upon a finding by the community development director that the requested use complies with each of the following:

(1) All requirements of PMC 20.70.025 and the licensing requirements of PMC Title 5.

(2) Operation of said stand shall be limited to within the dates of April 15th through October 15th in any given year.

(3) There shall be documentation of the property owner’s authorization for such use of the property.

(4) The stand’s merchandise shall predominantly consist of vegetables, fruit and other agricultural products principally devoted to human consumption.

(5) Pursuant to submittal of an adequate site plan, a determination shall be made by city staff that access to, and on, the site is properly configured and improved to a level adequate to accommodate expected vehicular traffic. (Ord. 2697 § 1, 2001; Ord. 2316 § 1, 1992).

20.70.020 Temporary uses not listed.

The planning director may authorize the establishment of a temporary use not specifically listed in PMC 20.70.010, 20.70.012 and 20.70.016; provided, that such temporary use is similar to, and no more intensive than, the temporary uses permitted in the relevant zone by said section. (Ord. 2233 § 1, 1990; Ord. 2147 Exh. A, 1987).

20.70.021 Temporary use permit for expanded recreational vehicle use.

(1) A temporary use permit for recreational vehicle use may be granted by the planning director on an individual event or occasion basis or on an annual basis. If an annual temporary use permit is issued it shall state the specific periods throughout the year that temporary recreational vehicle use is allowed; however, these specific periods may be revised or supplemented through application of an individual event or occasion permit at any time.

(2) An annual temporary use permit may specifically allow for a low level of recreational vehicle use that can occur outside the specific periods of use identified by the permit. Such additional use shall be at a level determined by the planning director to be:

(a) Purely incidental and secondary to the primary use of the property; and

(b) Not disruptive to surrounding properties and uses.

As a general guideline, 10 percent of design capacity may be considered a low level of use.

(3) In reviewing a request for temporary use permit, the director shall consider whether the use complies with the requirements of PMC 20.70.022 and any conditions imposed by the planning commission.

(4) Such use shall not generate a profit for the property owner or operator, or otherwise be operated as a “for-profit” business. Charges may be levied or donations sought only for the purpose of offsetting utility or other direct and indirect costs associated with the recreational vehicle use.

(5) No individual recreational vehicle shall be allowed to remain in temporary residential use at a specific location for more than four days, unless in conjunction with a special event, in which case the temporary residential use may extend throughout the duration of such event plus a reasonable period specified by the temporary use permit. A “special event” for the purposes of this subsection, means either a special community event, such as the annual Daffodil Festival, Meeker Days or the Western Washington Fair, or an event taking place on property controlled by the holder of the temporary use permit and specifically identified by the permit.

(6) A temporary use permit shall specify the maximum number of recreational vehicles that will be allowed to occupy the site at any time. In no case shall this number exceed the design capacity of the recreational vehicle use, as determined by the planning director.

(7) An annual temporary use permit may be revoked by the planning director at any time for just cause. Revocation of an annual permit shall not prevent the subsequent issuance of individual event or occasion permits, or annual permits, provided the reasons for revocation have been remedied. (Ord. 2233 § 1, 1990; Ord. 2173 § 4, 1988).

20.70.022 Hearing examiner review of expansion or intensification of recreational vehicle use.

(1) Any expansion or intensification of a legal nonconforming recreational vehicle use, and any construction or modification of facilities associated with such use requiring any government permit, shall be subject to the approval of the hearing examiner. The hearing examiner shall conduct a public hearing for the purpose of review of the proposal for compliance with the following requirements:

(a) There shall be no signs of business or advertising nature associated with the recreational vehicle use;

(b) Appropriate sanitary waste disposal facilities shall be available within one-half mile of the site;

(c) A minimum 30-foot-wide landscaped buffer shall be provided adjacent to any RS- or RM-zoned property;

(d) All recreational vehicle spaces and associated parking spaces shall be provided with a durable, dustless surface of turf, gravel, asphalt or similar treatment, and this surface shall be adequately maintained;

(e) Except where fence or wall height is otherwise restricted, whenever a recreational vehicle use is expanded or intensified on property adjacent to a pre-existing single-family home or adjacent to RS-zoned property, a six-foot masonry wall or solid fence shall be established and maintained between the recreational vehicle use and the single-family property. Additionally, required landscaping adjacent to this wall or fence shall include trees or other vegetation that will within five years of planting exceed the height of the fence or wall. For the purpose of this subsection, “adjacent” means that the properties share a common property line and, in the case of an existing single-family home not within an RS zone, the single-family home is located within 50 feet of that common property line;

(f) All landscaped areas shall be maintained in an attractive, healthy and growing manner. No storage or materials or parking of vehicles shall be allowed on or within required landscaped areas;

(g) Within 100 feet of any RS-, RM- or PDR-zoned property, outdoor lighting and aerial-mounted floodlighting shall be shielded from above in such a manner that the bottom edge of the shield shall be below the light source. Said lighting shall be shielded so that the direct illumination shall be confined to the property boundaries of the light source. Ground-mounted floodlighting or light projection above the horizontal plane is prohibited between midnight and sunrise;

(h) All electric receptacles shall be secured in such a manner as to prevent access by children or other unauthorized access.

(2) In reviewing a proposal for expansion or modification, the commission shall consider any impacts on the use and enjoyment of neighboring properties and on traffic circulation and safety, and shall impose such conditions on approval as are reasonable and necessary to protect the public health, safety, comfort, convenience and general welfare. Such conditions may include, but shall not be limited to: requirements for fencing, landscaping and other buffering measures; access improvements; mitigation of light, glare and noise impacts; and participation in the improvement of off-site facilities impacted by the use. In the event that reasonable conditions will be insufficient to protect the public interest, the proposed expansion or improvement shall not be approved.

(3) A decision by the hearing examiner to approve or not approve the expansion, intensification or modification of a legal, nonconforming recreational vehicle use shall be final 10 business days from the date of such decision, unless appealed under the provisions of Chapter 20.13 PMC. (Ord. 2268 § 45, 1991; Ord. 2233 § 1, 1990).

20.70.025 Special requirements – Temporary uses.

The following special requirements apply to temporary uses:

(1) Except as otherwise provided for in PMC Title 5, no temporary uses shall be located within any public right-of-way or upon any public property.

(2) No temporary use shall be established in such a manner as to inhibit vehicle sight distance, or otherwise present a traffic or public safety hazard as determined by the public works director.

(3) Signs of temporary uses shall comply with sign requirements specified in Chapter 20.60 PMC and shall be removed upon termination of the temporary use.

(4) The temporary use shall be maintained in a neat and orderly condition and manner, free of debris and litter.

(5) Upon termination of the temporary use, all structures, signs and other physical manifestations of the use shall be removed and the property returned or otherwise maintained in a neat and orderly condition.

(6) All temporary uses engaged in the conduct of a business shall be subject to the provisions of PMC Title 5.

(7) All temporary retail stands shall be subject to the following requirements:

(a) No such stand shall be located within two feet of any side property line, within 10 feet of any permanent building, nor within 50 feet of any gasoline pump, oil storage tanks, or premises where flammable liquids are kept.

(b) All temporary stands shall be constructed so as not to constitute a danger, hazard or threat to public safety.

(8) Temporary motor vehicle parking areas shall be improved with a durable, dustless surface in accordance with the standards of the public works director. Asphaltic paving is not required. Temporary uses or stands within, or adjacent to, existing improved parking areas (which already serve existing on-site uses) which, by their placement, occupy designated stalls, shall not cause the number of available parking spaces for said existing on-site uses to fall below that minimal parking amount required by this code. (Ord. 2316 § 1, 1992; Ord. 2233 § 1, 1990).

20.70.030 Application procedure.

Upon application for a temporary use the planning and community development director shall approve, modify or deny said application within 28 calendar days of filing. Said action shall be based upon the conformity of the temporary use to the provisions of this chapter. (Ord. 2478 § 1, 1996; Ord. 2233 § 1, 1990).

20.70.035 Conditions and bonds.

The planning director may apply special conditions to any approved temporary use permit to ensure compliance with this chapter and to ensure that such temporary use is not detrimental to neighboring properties and the public health, safety and general welfare. Further, the director may require a cash bond be posted by the applicant to defray the costs of cleanup and repair of the property should the permittee fail to do same. (Ord. 2233 § 1, 1990).