This Chapter provides a process for reviewing proposed temporary uses and temporary events to ensure that basic health, safety, and community welfare standards are met, with the minimum necessary conditions or limitations consistent with the temporary nature of the activity. A Temporary Use Permit or Temporary Event Permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may be considered acceptable because of their temporary nature. These activities are regulated to avoid incompatibility between the proposed activity and surrounding areas. For special event permits, see Title 9, Chapter 9.61, of the WMC.
(Ord. 2456 § 2, 2010)
A. 
Permit Requirement. A Temporary Use or Temporary Event Permit approved by the applicable review authority shall be required for all uses identified in Section 17.540.015, and shall be issued before the commencement of the activity.
B. 
Exempt Activities. The following temporary uses and events are exempt from the requirement for a Temporary Use or Temporary Event Permit. Uses other than the following shall comply with Section 17.540.015.
1. 
On-site contractor's construction yards, in conjunction with an approved construction project. The activity shall cease upon completion of the construction project or the expiration of the companion building permit authorizing the construction project;
2. 
Events that occur in meeting halls, theaters, or other permanent indoor or outdoor public assembly facilities subject to all applicable regulations of the WMC;
3. 
Promotional activities related to the primary product lines of a retail business, and similar activities (e.g., book readings and signings at book stores, opening receptions at art galleries);
4. 
Emergency public health and safety activities;
5. 
Outside display of no more than 3 items customarily sold at the business and displayed within 10 feet of the main structure and not located on any portion of the public right-of-way or within required path of travel. One item is considered to be any piece of merchandise that is available for purchase individually and separately, regardless of whether the same piece of merchandise can also be purchased as part of a set or grouping of merchandise.
(Ord. 2456 § 2, 2010; Ord. 2478 § 2, 2011)
The following temporary uses and events may be allowed, subject to the issuance of a Temporary Use or Temporary Event Permit by the applicable review authority. Uses other than the following shall comply with the use and development regulations and permit requirements that otherwise apply to the property, except uses that are exempt from the provisions of this Chapter in compliance with Section 17.540.010, Applicability.
A. 
Allowed Temporary Uses
1. 
Construction yards. Off-site contractor construction yards including the storage of building materials, in conjunction with an approved construction project. The permit shall expire upon completion of the construction project or the expiration of the companion building permit authorizing the construction project.
2. 
Grand opening. A permit to identify the opening of a new business may be issued by the Director, subject to the provisions of Section 17.540.050, Grand Openings.
3. 
Residence. A mobilehome as a temporary residence of the property owner when a valid building permit for a new single-family dwelling is in force. In addition, a mobilehome may be used as a temporary residence of the property owner when a valid building permit has been issued for the remodel of a single family dwelling and the Building Official has determined that the extent of such remodel would prevent the safe occupancy of the dwelling. The Temporary Use Permit may be approved for up to 1 year, or upon expiration of the building permit, whichever occurs first.
4. 
Seasonal sales lots. Seasonal sales activities (e.g., Halloween, Christmas or lunar new year) including temporary residence or security trailers, on nonresidential properties. The sales activity may be approved for a maximum of 30 days or a length of time determined to be appropriate by the applicable review authority.
5. 
Storage. Enclosed temporary storage, unrelated to a construction project. The use may be approved for a maximum of 90 days. See Section 17.400.160, Temporary Storage Containers, for specific standards.
6. 
Temporary real estate sales offices. A temporary real estate sales office may be established within the area of an approved development project, solely for the first sale of homes. A permit for a temporary real estate office may be approved for a maximum of 1 year.
7. 
Temporary structures. A temporary classroom, office, or similar structure, including manufactured or mobile units, may be approved for a maximum time period of 18 months from the date of approval, as an accessory use or as the first phase of a development project.
8. 
Temporary work trailers. A trailer or mobile home as a temporary work site for employees of a business may be allowed for up to 1 year:
a. 
During construction or remodeling of a permanent commercial or manufacturing structure, when a valid building permit is in force; or
b. 
Upon demonstration by the applicant that this temporary work site is a short-term necessity while a permanent work site is being obtained.
9. 
Similar temporary uses. Similar temporary uses that, in the opinion of the Director, are compatible with the zoning district and surrounding land uses.
B. 
Allowed Temporary Events
1. 
Outdoor events. The following outdoor events may be allowed:
a. 
Display or exhibit events. Outdoor display or exhibit events, including art, cultural, and educational displays and arts and crafts exhibits on nonresidential properties, when not a part of the established primary use of the site, for up to 12 days per calendar year.
b. 
Outdoor sales events. Temporary events related to an existing business with temporary outdoor sale of merchandise in any commercial zoning district, in compliance with the following provisions:
i. 
There shall be no more than 6 sales in any calendar year;
ii. 
Each sale shall be limited to 3 consecutive days;
iii. 
The merchandise displayed shall be that customarily sold at the business premises;
iv. 
The display of merchandise shall occur within 10 feet of the main structure and not be on any portion of the public right-of-way;
v. 
The site is used for a permanently established business holding a valid business tax certificate as required.
c. 
Garden and patio merchandise. Host retail businesses with greater than 50,000 square feet of gross floor area may conduct outdoor sales of garden and patio merchandise in conjunction with and incidental to the host retail business if garden and patio merchandise sales are stocked and sold as standard merchandise in the regular course and scope of the host retail business operating at the site. Such sales shall be limited to the display and/or sale of garden and patio merchandise such as live and cut plants, or trees; soil or soil amendments; garden implements or tools; and patio furniture and patio-related merchandise.
i. 
Short term. For sales of garden and patio merchandise for more than 3 days but less than 60 days, a host retail business must obtain a Level I Development Review. A host retail business may obtain a maximum of 2 permits a year with a Level I Development Review approval.
ii. 
Long term. For sales of garden and patio merchandise for more than 60 days, a host retail business must obtain Commission approval for a Development Review at a nonpublic hearing. The Commission may approve a long-term permit for up to 3 years. The host retail business may re-apply for renewal of the permit upon expiration of the then-current permit. All renewals hereunder shall be subject to Commission approval at a nonpublic hearing. There shall be no more than one long-term sale permit issued for any shopping center.
2. 
Similar events. Similar temporary events, either indoor or outdoor, that, in the opinion of the Director, are compatible with the zoning district and surrounding land uses, for up to 12 days per calendar year or as determined appropriate by the applicable review authority.
(Ord. 2456 § 2, 2010)
Director Review. The Director shall be responsible for the review and approval of all permits for temporary uses, and events and the extension of these permits.
(Ord. 2456 § 2, 2010)
An application for a Temporary Use or Temporary Event Permit shall be filed with the Division and processed as follows.
A. 
Application Contents. The application shall be made on forms furnished by the Division and shall be accompanied by the information identified in any applicable City handouts and permit applications.
B. 
Time for Filing. A temporary use or event permit application shall be filed as follows:
1. 
Temporary use permit. A temporary use permit application shall be filed at least 14 days in advance of the proposed commencement of the use.
2. 
Temporary event permit. A temporary event permit application shall be filed at least 14 days in advance of a proposed event.
3. 
Additional permits required. Temporary uses and temporary events may be subject to additional permits and other City approvals, licenses, and inspections required by applicable laws or regulations.
(Ord. 2456 § 2, 2010)
In approving a Temporary Use or Temporary Event Permit, the review authority may impose reasonable and necessary specific design, locational, and operational conditions to ensure that:
A. 
The use or event is limited to a duration that is no more than the maximum allowed duration, as determined appropriate by the review authority.
B. 
The site is physically adequate for the type, density, and intensity of use being proposed, including provision of services (e.g., sanitation and water), public access, and the absence of physical constraints.
C. 
The design, location, size, and operating characteristics of the proposed use are compatible with the existing land uses on-site and in the vicinity of the subject property.
D. 
The temporary use or activity will be removed and the site restored as necessary to ensure that no changes to the site will limit the range of possible future land uses otherwise allowed by this Title.
E. 
Adequate temporary parking will be provided in order to accommodate the vehicle traffic generated by the temporary use or event, either on-site or at alternate locations acceptable to the review authority.
F. 
The use or event will comply with all applicable provisions of local, State, and Federal laws or regulations.
G. 
Any other pertinent factors affecting the operation of the temporary use or event will be addressed, including the following, to ensure the orderly and efficient operation of the proposed use or event, in compliance with the intent and purpose of this Chapter.
1. 
Conditions may require the provision of:
a. 
Sanitary and medical facilities.
i. 
Security and safety measures;
ii. 
Solid waste collection and disposal.
2. 
Conditions may regulate:
a. 
Nuisance factors, including the prevention of glare or direct illumination of adjacent properties, dirt, dust, gases, heat, noise, odors, smoke, or vibrations;
b. 
Operating hours and days, including limitation of the duration of the use or event to a shorter time period than that requested;
c. 
Temporary signs;
d. 
Temporary structures and facilities, including height, placement, and size, and the location of equipment and open spaces, including buffer areas and other yards.
(Ord. 2456 § 2, 2010)
A. 
General Standards. Standards for floor areas, heights, landscaping areas, off-street parking, setbacks, and other structure and property development standards that apply to the category of use or the zoning district of the subject parcel shall be used as a guide for determining the appropriate development standards for temporary uses and events. However, the review authority may authorize an adjustment from the specific requirements as deemed necessary and appropriate.
B. 
Standards for Specific Temporary Activities. Specific temporary land use activities shall comply with the development standards identified in Chapter 17.300, General Property Development and Land Use Standards, as applicable to the use, in addition to those identified in Sections 17.550.030 and 17.540.035.A.
(Ord. 2456 § 2, 2010)
The approval or denial of a Temporary Use or Temporary Event Permit may be appealed in compliance with Chapter 17.640, Appeals. The procedures of Chapter 17.510, Permit Implementation, Time Limits, and Extensions, shall apply after the approval of the permit.
A. 
Condition of the Site Following a Temporary Use or Event. Each site occupied by a temporary use or event shall be cleaned of debris, litter, or any other evidence of the temporary activity on completion or removal of the activity, and shall thereafter be used in compliance with the provisions of this Title.
B. 
Revocation. A Temporary Use or Temporary Event Permit may be revoked or modified, with only a 24-hour notice, in compliance with Chapter 17.660, Revocations and Modifications.
C. 
Extension of the Permit—Temporary Uses. The Director may extend the operational length of a temporary use or event if the delay is beyond the control of and was not the result of actions by the permittee.
D. 
Expiration of Permit. A Temporary Use, Special Event, or Temporary Event Permit shall be considered to have expired when the approved use has ceased or is suspended.
(Ord. 2456 § 2, 2010)
A. 
Purpose. This Section provides a process for permitting and regulating garage sales to ensure that basic health, safety, and community welfare standards are met, with the minimum necessary conditions or limitations consistent with the temporary nature of the activity.
B. 
Operating Standards. Garage sales are permitted in all residential zoning districts subject to the following restrictions:
1. 
Garage sales may be conducted no more than 3 times per residence in any calendar year, and no more than 1 permit may be issued per residence in a 3-month period.
2. 
A garage sale may be conducted for a maximum of 3 consecutive days. Inclement weather may extend the permitted garage sale by the number of days lost due to the inclement weather as long as the garage sale is conducted within 7 days of the original permitted garage sale date.
3. 
A permittee may conduct a permitted garage sale within 30 days after issuance of the permit with no penalty as long as written notice is provided to the City prior to the date of the original permitted garage sale.
4. 
No signs advertising a garage sale shall be placed on any public property, including, but not limited to, utility poles, street name signs, traffic signs, trees or walls. The permittee shall remove any and all legally placed advertising signs each day at or before the end of the garage sale.
5. 
The permittee shall be required to sign an affidavit that all goods and equipment to be displayed and sold at a garage sale have not been acquired elsewhere for resale.
6. 
A group garage sale at one location may be held, provided that all persons participating in the group garage sale sign the above-mentioned affidavit.
C. 
Permit Requirements. A permit shall be issued, without tax, upon submission of an application and filing of the affidavit mentioned in subsection B.5. Each application for a garage sale permit shall be accompanied by a nonrefundable application fee established by the City Council Fee Resolution.
(Ord. 2456 § 2, 2010)
A permit to identify the opening of a new business may be issued by the Director, subject to the provisions of this Chapter.
A. 
General Provisions. Grand openings shall be limited to the following:
1. 
Inflatable advertisement devices, as defined in Section 17.330.050, and provided that such devices are ground-mounted;
2. 
Temporary banners, as defined in Article 7, Definitions, and subject to the provisions of Table 3-11;
3. 
Jump tents, displays, sales, and similar related activities in the parking lot of the subject business;
4. 
Any food or drinks provided in conjunction with a permit pursuant to this Section shall only be served in compliance with applicable laws, including required permits for sale or distribution of food and/or drinks;
5. 
Amplified sound, provided that the applicant obtains a valid police permit prior to the issuance of a grand opening permit. When the use of amplified sound is for less than 30 minutes within a 24-hour period, then a police permit shall not be required.
B. 
Permits. Grand opening permits shall be limited to: a new business; the change of ownership for an existing business; and/or the change of name for an existing business. However, in no case shall the number of grand openings, pursuant to this Section, exceed one per 12-month period, per business address. A grand "re-opening" shall not constitute a grand opening for purposes of this Section.
C. 
Authorization. Prior to the issuance of a permit for a grand opening, the applicant shall provide the City with written permission from the property owner or management, authorizing the proposed grand opening.
(Ord. 2456 § 2, 2010)