Chapter 18.68
TEMPORARY USES*
Sections:
18.68.070 Removal of temporary use – Performance bond.
*Prior legislation: Ords. 97-019, 2003-008, 2005-029, 2011-017, 2012-005 and 2013-003.
18.68.010 Purpose.
Temporary use permits allow the director of the department of community development or designee to permit temporary, seasonal, or transient land uses within the city without requiring full compliance with the development standards of the land use district within which the use or structure is located. This does not exempt the use or structure from compliance with other city regulations including, but not limited to the city building code. (Ord. 2021-012 § 1 (Exh. A))
18.68.020 Applicability.
Upon approval, temporary use permits may be issued for the following uses or structures:
A. Temporary sales office and/or model home in an approved subdivision during build-out of the approved development.
B. Temporary structures in the downtown, commercial, and business and employment zoning districts associated with the primary use on the property.
C. Temporary housing.
D. 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. The applicant must provide a construction contract or other evidence of the time period required to complete the project, and the following equipment is considered essential to and in conjunction with such construction projects:
1. Portable asphaltic concrete-mixing plants;
2. Portable concrete-batching plants;
3. Portable rock-crushing plants;
4. Accessory equipment essential to the use of the plants.
E. Temporary uses and structures otherwise permitted within the zone that will remain up to one year on an existing lot or parcel where compliance with the zoning districts’ development standards is impractical.
F. Temporary uses and structures not permitted within the zone that have a demonstrated public benefit may be approved for a period no greater than six months. In approving the permit, the director or designee must make written findings that the use is compatible with the surrounding land uses, will have minimal impact on city services and traffic, and that granting the use is consistent with the public health, safety, and welfare.
G. 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 in writing by the director or designee, for a period of fewer than 90 continuous days in a calendar year.
H. Food/beverage and retail mobile vending carts. Food trucks are regulated under Chapter 18.65 SMC, Mobile Food Service Vendor. (Ord. 2021-012 § 1 (Exh. A))
18.68.030 Exemptions.
The following uses and structures are exempt from the requirement to obtain a temporary use permit:
A. Temporary offices, storage sheds, equipment, housing, and staging areas in relation to current construction projects with approved land use and building permits for the duration of the construction project. This exemption does not include single-family housing projects.
B. Seasonal temporary uses, such as Christmas tree lots. Other applicable city permits are still required.
C. Community-wide special events that have received a special event permit from the city.
D. Special events located in city-owned parks or public facilities that are not subject to a special event permit.
E. Garage, yard, and rummage sales are exempt from a temporary use permit but may require a special event permit in accordance with Chapter 8.38 SMC.
F. Temporary fundraising and other civic activities in the downtown, commercial, and business and employment zoning districts that are otherwise exempt from a special event permit (see Chapter 8.38 SMC). (Ord. 2021-012 § 1 (Exh. A))
18.68.040 Review authority.
Temporary use permit applications are processed under a Type A-I application in accordance with Chapter 20.01 SMC. The director of the department of community development or designee has decision-making and review authority over temporary use permits and will issue written approvals of all temporary use permits. (Ord. 2021-012 § 1 (Exh. A))
18.68.050 Time limitation.
A. Temporary use permits may be approved for up to one year or as otherwise regulated under this chapter. The director or designee may also impose conditions to mitigate negative impacts.
B. Upon written request no fewer than 30 calendar days before its expiration, a temporary use permit may be granted one additional extension up to one year with demonstrated good cause.
C. Temporary uses that continue beyond the initial one-year permit and any approved extension will be considered a permanent use, and the city will require a building permit application and any other applicable permit applications to be submitted and processed subject to the provisions of SMC Titles 15 and 18.
D. Temporary use permits may be revoked at any time if the conditions of approval are not met after the director or designee provides adequate notice. (Ord. 2021-012 § 1 (Exh. A))
18.68.060 Decision criteria.
The director or designee 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, or 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 that adversely impacts surrounding uses. (Ord. 2021-012 § 1 (Exh. A))
18.68.070 Removal of temporary use – Performance bond.
A. The director or designee will 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. Before granting a temporary use permit under this chapter, the director or designee may require that the applicant post a cash or surety performance bond with the city to ensure timely removal of the temporary use. The director or designee must provide written reasons for the bond requirement. The bond must meet city standards for posted bonds, and be in the amount set forth in Chapter 3.68 SMC, Rates and Fees. If the temporary use or structure is not removed or discontinued at the end of its designated time, the bond will be forfeited, and the temporary use or structure may be deemed a public nuisance and result in civil penalties, infractions, or abatement in accordance with Chapters 1.13 and 8.04 SMC. (Ord. 2021-012 § 1 (Exh. A))