20D.190.10 Temporary Uses.

20D.190.10-010 Purpose.

The following provisions authorizing and regulating certain temporary uses are intended to permit temporary uses and structures when consistent with the Development Guide and when safe and compatible with the general vicinity and adjacent uses. (Ord. 2424. Formerly 20C.20.245(05))

20D.190.10-025 Scope.

(1) A short-term temporary use permit may only be valid for a maximum of six months. Applications for a short-term temporary use permit (six months or less) shall follow the procedures for a Type I review pursuant to RCDG 20F.30.30 or as modified herein.

(2) A long-term temporary use permit may only be valid for the time period specified by the City Council. If the permit must be renewed, the applicant must apply for a new temporary use permit. Applications for a long-term temporary use permit (longer than six months) shall follow the procedures for a Type V review pursuant to RCDG 20F.30.50.

(3) The following types of temporary uses, activities and associated structures may be authorized, subject to specific limitations noted herein and as noted in RCDG 20D.190.10-030 and as may be established by the Administrator:

(a) Outdoor art and craft shows and exhibits;

(b) Retail sales such as Christmas trees, seasonal retail sale of agricultural or horticultural products, firewood, seafood, etc.;

(d) Push cart vendors. No mechanical, audio or noise-making devices, nor loud shouting or yelling, will be permitted to attract attention;

(e) Group retail sales such as swap meets, flea markets, parking lot sales, Saturday Market, auctions, etc.;

(f) Temporary encampments which comply with the conditions outlined in this chapter;

(g) The Planning Director may authorize additional temporary uses not listed in this subsection, when it is found that the proposed uses are in compliance with the provisions pursuant to this chapter.

(4) Exemptions. The following activities and structures are exempt from requirements to obtain temporary use approval:

(a) A mobile home or travel trailer in the Light Industry and Heavy Industry zones to house watchmen or caretakers when approved by the Administrator;

(b) A mobile home or travel trailer with adequate water and sewer service used as a dwelling while a residential building on the same lot is being constructed or while a damaged residential building is being repaired;

(c) When elderly or disabled relatives of the occupant of an existing residence require constant supervision and care, a mobile home with adequate water and sewer services located adjacent to such residences may be permitted to house the relatives;

(d) Recycling and collection centers shall meet the following requirements:

(i) Containers and structures shall be located on private property and not on public rights-of-way. The property owner’s approval must be obtained, and the Planning Department notified that the structure will be located at that site;

(ii) Structures shall not interfere with traffic circulation or visibility at intersections;

(iii) The owner’s name and telephone number shall be clearly posted on the structure or container;

(iv) If located in a parking area, the structures or containers shall take up no more than three parking stalls. One collection structure and associated staff booth are allowed in parking lots of 200 stalls or less and one additional container and staff booth for every additional 200 stalls;

(e) Mobile homes, residences or travel trailers used for occupancy by supervisory and security personnel on the site of an active construction project;

(f) Portable units and mobile homes on school sites or other public facilities when approved by the Administrator;

(g) Guests of Redmond residents in recreational vehicles when in compliance with RCDG 20D.130.10-050(2);

(h) Model homes or apartments and related real estate sales and display activities located within the subdivision or residential development to which they pertain;

(i) Contractor’s office, storage yard, and equipment parking and servicing on the site of an active construction project;

(j) Home businesses in conformance with RCDG 20C.30.60, Home Business;

(k) Garage sales, moving sales, and similar activities for the sale of personal belongings when operated not more than three days in the same week and not more than twice in the same calendar year. Allowed in all residential zoning districts;

(l) Fund raising carwashes;

(m) Vehicular or motorized catering such as popsicle/ice cream scooters and self-contained lunch wagons which cater to construction sites or manufacturing facilities;

(n) Circuses, carnivals, fairs, or similar transient amusement or recreational activities. Such uses are subject to Chapter 5.28 RMC, Shows, Carnivals and Circuses;

(o) Activities, vendors and booths associated with City of Redmond sponsored or authorized special events such as the Redmond Derby Days or Redmond Bike Classic;

(p) On-premises activities or existing businesses in compliance with outdoor storage requirements;

(q) Individual booths in an approved temporary use site for group retail identified under subsection (3)(e) of this section;

(r) Weekend (Saturday and Sunday) only, warehouse sales when held no more than once a month in an existing facility. Allowed in Light Industry, Heavy Industry and Business Park zoning districts. (Ord. 2424)

20D.190.10-030 Decision Criteria.

(1) The Administrator may authorize temporary uses after consultation and coordination with all other applicable City departments and other agencies and only when all the following determinations can be made:

(a) The temporary use will not impair the normal, safe, and effective operation of a permanent use on the same site.

(b) The temporary use will be compatible with uses in the general vicinity and on adjacent properties.

(c) The temporary use will not significantly impact public health, safety or convenience, or create traffic hazards or congestion, or otherwise interrupt or interfere with the normal conduct or uses and activities in the vicinity.

(d) The use and associated structures will be conducted and used in a manner compatible with the surrounding area.

(e) The temporary use shall comply with the goals, policies and standards of the Development Guide.

(2) General Conditions.

(a) A temporary use conducted in a parking facility shall not occupy or remove from availability more than 25 percent of the spaces required for the permanent use.

(b) Each site occupied by a temporary use must provide or have available sufficient parking and vehicular maneuvering area for customers. Such parking need not comply with RCDG 20D.130.10-050, parking, but must provide safe and efficient interior circulation and ingress and egress to and from public rights-of-way.

(d) No temporary use shall occupy or use public parks in any manner unless specifically approved by the Parks Department.

(e) No short-term temporary use shall occupy or operate within the City of Redmond for more than six months within any calendar year unless approved by the City Council under a long-term temporary use permit. A day of operation shall mean any or part of any day in which the business is conducted. The six months need not run consecutively. The six months may occur at any time within a calendar year as long as each day is designated and approved.

(f) All temporary uses shall obtain, prior to occupancy of the site, all applicable City of Redmond permits, licenses and other approvals (i.e., business license, building permit, administrative approvals, etc.).

(g) The applicant for a temporary use shall supply written authorization from the owner of the property on which the temporary use is located.

(h) Each site occupied by a temporary use shall be left free of debris, litter, or other evidence of the temporary use upon completion of removal of the use.

(i) All materials, structures and products related to the temporary use must be removed from the premises between days of operation on the site, provided that materials, structures and products related to the temporary use may be left on site overnight between consecutive days of operation. By virtue of having been in consistent operation prior to the existence of the ordinance codified in this chapter, the open air craft and farmer’s market operation, commonly known as the Saturday Market, shall be allowed to store structures on site between weekend activity of the market, but such structures must be reviewed by the Administrator annually and permission to leave them in place between market sessions may be denied if they become a visual blight, safety, or health problem. They shall be removed at the end of the permit period.

(j) The Administrator may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include, but are not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirement for screening or enclosure, and guarantees for site restoration and cleanup following temporary uses.

(3) Temporary encampments must also meet the following criteria:

(a) The applicant shall apply for a temporary use permit at least 30 days before the planned opening of the temporary encampment.

(b) The encampment shall be limited to a maximum of 100 persons. After the encampment reaches its 100-person capacity, individuals who arrive after sundown (and meet all screening criteria) will be allowed to stay for one night, after which they will not be permitted entry until a vacancy is available. Such occurrences shall be logged and reported to the City on a weekly basis.

(d) The encampment or the parking of any vehicles associated with the application shall not displace the host site’s parking lot in such a way that the host site no longer meets the minimum or required parking of the principle use as required by code or previous approvals unless an alternative parking plan has been approved by the Planning Director.

(e) The temporary encampment managing organization shall maintain a resident log for all who are residing at the encampment. Such log shall be kept on site at the encampment. Prospective encampment residents shall be asked to provide a reasonable form of identification when signing the log.

(f) The Planning Director may impose additional conditions for the purpose of maintaining the health, safety, and welfare of people in and around the temporary encampment, relating but not limited to any or all of the following:

(i) Encampment resident code of conduct;

(ii) The presence of minors in the encampment;

(iii) The provision of transportation to/from the encampment; and

(iv) Setbacks and screening.

(4) Temporary encampments shall be processed as a Type I Permit with the following modifications:

(a) A Notice of Application shall be mailed and posted on site meeting the standards outlined in RCDG 20F.30.35-020(1) through 20F.30.35-020(3)(x).

(b) Posting of the Notice of Application shall meet the standards outlined in RCDG 20F.30.35-020(4) and (5).

(c) A minimum of one Major Land Use Action Sign shall be posted on site meeting the requirements outlined in RCDG 20F.30.40-020(4)(c).

(d) Prior to the decision on the application for a temporary encampment, the Administrator shall require that a neighborhood meeting be held.

(5) Emergencies. The Administrator may waive these requirements when a natural or manmade disaster necessitates the immediate establishment of a temporary encampment. (Ord. 2424; Ord. 2118)