Chapter 21.23
TEMPORARY USES
Sections:
21.23.030 Temporary use permit – When required.
21.23.050 Temporary education and public facilities.
21.23.060 Temporary construction trailers.
21.23.070 Temporary placement of housing.
21.23.080 Temporary real estate offices.
21.23.090 Temporary wireless communication facilities.
21.23.100 Temporary encampments.
21.23.010 Purpose.
This chapter is intended to permit certain uses identified in this chapter that are inherently temporary. (Ord. 737 § 2 (Att. A), 2022)
21.23.020 Applicability.
This chapter applies to the location of temporary uses that are of a limited duration and/or frequency or comprise multiple related events over a specified period. (Ord. 737 § 2 (Att. A), 2022)
21.23.030 Temporary use permit – When required.
(1) Except as provided in subsection (2) of this section, a temporary use permit is required pursuant to WMC 21.82.130 for the following uses and activities:
(a) Uses not otherwise listed as a permitted use in the zone that can be made compatible for a period of limited duration and/or frequency;
(b) Temporary expansion of a use allowed in a zone, but which exceeds the scope of what was approved for the use;
(c) Mobile vendors as set forth in WMC 21.23.040;
(d) Temporary uses as prescribed in WMC 21.23.050 through 21.23.090; and
(e) Temporary encampments as set forth in WMC 21.23.100.
(2) The following are exempt from obtaining a temporary use permit when located in the Central Business District, General Business, Neighborhood Business, Tourist Business, Office, Tourist Industrial, and Industrial zones, which do not exceed operating a total of 14 days during each calendar year:
(a) Activities listed as requiring or exempt from a special event permit set forth in Chapter 8.12 WMC; and
(b) Temporary sales conducted by businesses on private properties. (Ord. 737 § 2 (Att. A), 2022)
21.23.040 Mobile vendors.
“Mobile vendor” means a person who peddles, vends, sells, displays, or offers for sale foods, goods, wares or merchandise out of a motor vehicle, cart, trailer, tent, table, or other temporary structure that is capable of being set up and taken down in one day and is readily movable.
(1) A mobile vendor shall comply with the following conditions:
(a) Operations shall be limited to a maximum of 12 hours per any 24-hour period;
(b) The maximum time at a location shall not exceed seven consecutive days;
(c) The operations shall not obstruct fire lanes, access or sight distances of driveways, sidewalks, streets, or other public spaces;
(d) No sound generating devices, such as radios or speakers, producing sound distinguishable from 50 feet or further away is allowed;
(e) Vendors shall be responsible for collecting and properly disposing of trash within 50 feet of the vending area by the close of business each day;
(f) An application for a temporary use permit for a mobile vendor shall include the following:
(i) Copy of the City of Woodinville business license;
(ii) Current vehicle registration, if applicable;
(iii) Current King County Public Health mobile food service permit, if applicable; and
(iv) Site plan identifying the location of the vendor, queuing areas, tables, tents, waste receptacles, and other pertinent information, as determined by the Director.
(2) The temporary use permit shall be kept on site of the vendor and be available for public inspection upon request. (Ord. 737 § 2 (Att. A), 2022)
21.23.050 Temporary education and public facilities.
Temporary education and public facilities are allowed provided the following conditions are satisfied:
(1) Allowed only during periods a permit is submitted and active for construction or remodeling;
(2) The size of structures housing the temporary use does not exceed the capacity or square footage of the subject facility being constructed or remodeled; and
(3) Temporary facilities are removed within 30 days of project completion or cessation of work. (Ord. 737 § 2 (Att. A), 2022)
21.23.060 Temporary construction trailers.
“Construction trailers” are mobile structures used to accommodate temporary offices, dining facilities and storage of building materials during construction projects. Construction trailers are not subject to the time limits set forth for temporary use permits. They may be allowed provided the following conditions are satisfied:
(1) Allowed on a site only during periods a construction permit is active, except the Director may authorize construction trailers to be placed on a site up to 30 days in advance of a construction permit being issued;
(2) Construction trailers are removed within 30 days of project completion or cessation of work;
(3) The Director may waive the requirements for a temporary use permit if the construction trailer is approved as part of a construction mitigation plan. (Ord. 737 § 2 (Att. A), 2022)
21.23.070 Temporary placement of housing.
A manufactured home, mobile home, tiny house, or dwellings that are similarly mobile may be permitted on a lot as a temporary residence in accordance with the following:
(1) Construction of a new dwelling, provided:
(a) Allowed on a site only during periods a construction permit is active or actively under review for the site;
(b) The temporary use permit may be granted for a 12-consecutive-month period, except the Director may grant one extension of time up to 12 months if the Director determines significant construction progress has been made; and
(c) The temporary residence is removed within 90 days of whichever of the following occurs first:
(i) The expiration of the temporary use permit; or
(ii) Issuance of a certificate of occupancy for the dwelling on the site.
(2) Caregiver residences, provided:
(a) Allowed if the applicant demonstrates a caregiver is necessary to provide daily care of an individual certified as needing such care by a “health care provider” as defined in RCW 70.02.010;
(b) The temporary residence satisfies all development regulation requirements, except residential density;
(c) The temporary use permit may be granted for a 12-consecutive-month period, except the Director may grant additional extensions in 12-month increments subject to demonstration of continued need for caregiver assistance, not to exceed five years total; and
(d) The temporary residence is removed within 90 days of whichever of the following occurs first:
(i) The expiration of the temporary use permit; or
(ii) The cessation of provision of daily care. (Ord. 737 § 2 (Att. A), 2022)
21.23.080 Temporary real estate offices.
One temporary trailer or structure housing a real estate office may be located on any new residential development; provided, that activities are limited to the initial sale or rental of property or units within the development. The office use shall be discontinued within one year of recording of a subdivision, short subdivision, binding site plan, or issuance of a final certificate of occupancy in the case of a multifamily dwelling unit development. (Ord. 737 § 2 (Att. A), 2022)
21.23.090 Temporary wireless communication facilities.
The placement of a temporary wireless communication facility may be exempt from the requirements for wireless communication facilities prescribed in Chapter 21.45 WMC, provided:
(1) The wireless communication facilities conform to required setbacks, are maintained in a good and safe condition, and comply with all applicable Federal, State, and local rules and regulations applicable to a wireless communication facility;
(2) The temporary wireless communication facility shall be placed on the property in a manner that is the least intrusive impact if residential properties are within 500 feet;
(3) The highest point of the temporary wireless communication facility shall not exceed a vertical height of 45 feet as measured from the existing ground directly below the facility;
(4) Signage, other than as necessary to ensure safety of the public and/or the facility, is prohibited;
(5) In cases of emergencies or natural disasters, temporary wireless communication facilities shall be exempt from permitting, setback, and least intrusive requirements, provided the wireless communication facilities are removed within 30 days following the cessation of any emergency orders. (Ord. 737 § 2 (Att. A), 2022)
21.23.100 Temporary encampments.
(1) This section applies to temporary encampments which house groups of persons experiencing homelessness, excluding indoor temporary housing or indoor sleeping accommodations to homeless persons.
(2) Only the following entities can establish a temporary encampment described in subsection (1) of this section:
(a) Religious organizations as set forth in the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. Chapter 21c;
(b) Any 501(c) Internal Revenue Service recognized nonprofit organization having expertise managing facilities for homeless persons;
(c) Government agencies that provide services for homeless persons.
(3) Temporary encampments are permitted on public or private property, except R-1 zoned properties having ownership not listed in subsection (2) of this section.
(4) Temporary encampments must satisfy the following requirements:
(a) No more than 50 residents shall reside within a temporary encampment;
(b) The temporary encampment must be sponsored and/or managed by one or more of the entities set forth in subsection (2) of this section;
(c) The property must be sufficient in size to accommodate the temporary encampment;
(d) The temporary encampment must be located at least 20 feet from any property line abutting a property having an existing residential use, and 10 feet from all other property lines;
(e) A sight-obscuring screen shall be erected around the outer perimeter of the temporary encampment consisting of any combination of fencing, landscaping, existing structures, or other screening methods approved by the Director;
(f) The temporary encampment shall make adequate accommodations that ensure the general health, welfare and safety of the residents including, but not limited to, potable water, sanitation facilities, solid waste removal, fire protection, electricity, noise control and security;
(g) Suitable on-site parking and space for deliveries must be provided; and
(h) No permanent structures are constructed under the provisions for this section.
(5) The operating of a temporary encampment shall include the following:
(a) A point of contact shall be appointed and on file with the City for managing and enforcing the terms of the temporary use permit;
(b) A code of conduct for living at the temporary encampment shall be established specifying:
(i) Operating policies;
(ii) Restrictions on drugs, alcohol, weapons, violence, open flames;
(iii) Prohibitions on smoking in public places, littering, loitering and/or trespassing on nearby properties; and
(iv) Establishment of quiet hours;
(c) Establishment of measures that ensure compliance with all applicable State and local regulations as well as the code of conduct for the temporary encampment;
(d) The sponsor and/or managing entity shall take all reasonable and legal steps to:
(i) Obtain verifiable identification from current and prospective encampment residents and use such identification to obtain sex offender and warrant checks from agencies; and
(ii) If said warrant and sex offender checks reveal either (A) an existing or outstanding warrant from any jurisdiction in the United States for the arrest of the individual who is the subject of the check; or (B) the individual who is the subject of the check is a sex offender, required to register with the County Sheriff or their county of residence pursuant to RCW 9A.44.130, then the sponsoring and/or managing entity will reject the individual who is the subject of the check for residency in the temporary encampment, or eject the individual who is the subject of the check from the temporary encampment if that person is already a resident of the temporary encampment; and
(iii) Notify the City’s Police Department if an individual is ejected from the encampment due to an active warrant or match on a sex offender check, or if the individual appears to pose a threat to the community; and
(e) The managing entity shall allow access for inspections by public agency officials for the purposes of ensuring public health, safety, and welfare and for monitoring compliance with the requirements set forth herein and the conditions of approval of the temporary use permit.
(6) Timing.
(a) A temporary use permit may authorize the occupation of a temporary encampment for up to a maximum of 150 days after which all temporary facilities of the encampment must be removed within seven calendar days;
(b) Only one temporary encampment is allowed on the same property during any 365-day period with a minimum 180 days separating the erecting of another temporary encampment on the same property.
(7) Submission of an application for a temporary use permit for a temporary encampment shall include the following:
(a) A written project summary specifying the following information:
(i) The date the temporary encampment will commence;
(ii) The length of time the temporary encampment will be erected;
(iii) The maximum number of residents proposed;
(iv) The manner in which the temporary encampment will comply with the requirements of this section;
(b) Site plan drawing identifying the location of all sleeping tents, sanitation facilities including restrooms and showers, cooking facilities, waste receptacles, water facilities, sanitary sewer or human waste disposal facilities, parking and delivery space facilities, and any other pertinent information identified by the Director as being necessary to show compliance with this section;
(c) Name and contact information of the sponsor, managing agency and, if applicable, other point of contact information;
(d) Property owner’s authorization for the temporary encampment’s use of the property;
(e) A copy of the proposed code of conduct and operating agreement;
(f) Information on transportation and transit services to and from the encampment; and
(g) In the case of nonreligious organizations, evidence of the organization’s ability to operate successfully and safely a temporary encampment for homeless persons.
(8) Decision Criteria. A temporary use permit for a temporary encampment may be approved by the Director if the following criteria are satisfied:
(a) Adequate provisions are made for public health and safety;
(b) The proposed use will not be materially detrimental to the public welfare or injurious to the property or nearby improvements; and
(c) The proposed use satisfies the requirements of this section and all other applicable local, State and Federal regulations.
(9) Miscellaneous Provisions.
(a) Conditions of Approval.
(i) Because each temporary encampment has unique characteristics such as location, size, duration, uses, number of occupants and composition, the Director is authorized to impose conditions on the approval of a temporary use permit;
(ii) Conditions, if imposed, must be intended to minimize nuisance-generating features in matters of noise, waste, air quality, unsightliness, traffic, physical hazards, and other similar matters.
(b) The Director may modify the submittal requirements to request more or less information if determined appropriate to achieve the purpose of this chapter.
(c) If the sponsoring and/or managing entities, upon being notified by the Director in writing, fail to act to correct any violations in a reasonable time, the temporary use permit may be revoked.
(d) The provisions for temporary uses set forth in WMC 21.82.130(4) and (5) shall not apply to temporary encampments complying with this section.
(e) See RCW 35A.21.360 for prohibitions on local actions when religious organizations host the homeless. (Ord. 737 § 2 (Att. A), 2022)