This chapter provides a process for reviewing proposed temporary
uses to ensure that basic health, safety, and community welfare standards
are met, while approving suitable temporary uses with the minimum
necessary conditions or limitations consistent with the temporary
nature of the activity. A temporary use permit allows short-term activities
that might not meet the normal development or use standards of the
applicable zoning district, but may otherwise be acceptable because
of their temporary nature. However, these activities should be regulated
to avoid incompatibility between the proposed activity and surrounding
areas.
(Ord. 01-594 § 2, 2001; Ord. 18-1048 § 7, 2018)
A. Permit Requirement. A temporary use permit approved by the applicable review authority shall be required for all uses identified in Section
19.54.030 (Allowed Temporary Uses), and shall be issued before the commencement of the activity.
B. Exempt Activities. The following temporary uses are exempt from the requirement for a temporary use permit and other city approval. Uses other than the following shall comply with Section
19.54.030 (Allowed Temporary Uses).
1. On-site
contractors' construction yards, 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. Emergency
public health and safety activities.
(Ord. 01-594 § 2, 2001; Ord. 18-1048 § 7, 2018)
The following temporary uses may be allowed, subject to the issuance of a temporary use 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
19.54.020. (Applicability).
A. Allowed Temporary Uses.
1. Construction
Yards. Off-site contractors' construction yards, 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. Parking Lots on Commercially Zoned Property. A temporary parking lot on commercially zoned vacant property that is not being used for any other purpose, in compliance with Section
19.28.140 (Temporary Parking Lots).
3. Parking Lots on Residentially Zoned Property. A temporary parking lot on residentially zoned vacant property that is not being used for any other purpose, and where the site is in excess of one acre and immediately adjacent and accessible to a commercially zoned property, in compliance with Section
19.28.140 (Temporary Parking Lots).
4. Residence.
A mobile home as a temporary residence of the property owner when
a valid building permit for a new single-family dwelling is in force.
The permit may be approved for up to one year, or upon expiration
of the building permit, whichever first occurs.
5. Seasonal
Sales Lots. Seasonal sales activities (for example, Halloween, Christmas)
including temporary residence or security trailers, on non-residential
properties and undeveloped residential properties on arterial streets.
A permit shall not be required when the sales are at the site of an
established commercial business holding a valid city business tax
certificate as required. The sales activity may be approved for a
maximum of 30 days.
6. Storage.
Enclosed temporary storage, unrelated to a construction project, including
a cargo container and sea-train. The use may be approved for a maximum
of 30 days.
7. 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. An application for a temporary
real estate office may be approved for a maximum of one year.
8. Temporary
Structures. A temporary classroom, office, or similar structure, including
a manufactured or mobile unit, 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.
9. Temporary
Work Trailers. A trailer or mobile home as a temporary work site for
employees of a business may be allowed:
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.
c. The permit for the temporary trailer may be granted for up to one
year.
10. Similar Temporary Uses. Similar temporary uses which, in the opinion
of the review authority, are compatible with the zoning district and
surrounding land uses.
(Ord. 01-594 § 2, 2001; Ord. 09-818 § 6, 2009; Ord. 12-883 § 5, 2012; Ord. 14-940 § 34, 2014; Ord. 18-1048 § 7, 2018)
A. Planning Commission Review. All requests for temporary parking lots (See Section
19.54.030, subsections (A)(2) and (A)(3)) shall require Commission approval and shall comply with Section
19.28.140 (Temporary Parking Lots).
B. Director Review (Temporary Uses). The Director shall be responsible for the review and approval of all permits for temporary uses identified in Section
19.54.030(A) (Allowed Temporary Uses), and the extension of these permits, except for temporary parking lots in compliance with subsection
(A), above.
(Ord. 01-594 § 2, 2001; Ord. 18-1048 § 7, 2018)
A. Application Preparation and Filing – General Application Requirements. An application for a temporary use permit shall be prepared, filed, and processed in compliance with Chapter
19.40 (Application Filing and Processing). It is the responsibility of the applicant to establish evidence in support of the findings required by Section
19.54.060 (Findings and Decision – Temporary Use Permits), below.
B. Time for Filing. A temporary use permit application shall
be filed at least 14 days in advance of the proposed commencement
of the use.
C. Public Notice and Hearing. The type and extent of public
notice provided to area residents shall be determined by the Director
for temporary use permits, and the extensions of these permits. The
applicant shall pay for all noticing costs.
D. Additional Permits Required. Temporary uses may be subject
to additional permits and other city approvals, licenses, and inspections
required by applicable laws or regulations.
(Ord. 01-594 § 2, 2001; Ord. 18-1048 § 7, 2018)
A temporary use permit may be approved, modified, or conditioned
only if the review authority first finds that:
A. The
proposed temporary use is allowed within the applicable zoning district
with the approval of a temporary use permit and complies with all
other applicable provisions of this Zoning Ordinance and the Municipal
Code; and
B. The
proposed temporary use would not unduly impair the integrity and character
of the zoning district in which it is located.
(Ord. 01-594 § 2, 2001; Ord. 18-1048 § 7, 2018)
A. In
approving a temporary use permit, the review authority may impose
reasonable and necessary specific design, locational, and operational
conditions to ensure that:
1. The
use is limited to a duration that is less than the maximum allowed
duration, as determined appropriate by the review authority;
2. 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;
3. The
design, location, size, and operating characteristics of the proposed
use are compatible with the existing and future land uses on-site
and in the vicinity of the subject property;
4. The
temporary use 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 Zoning Ordinance;
5. Adequate
temporary parking will be provided to accommodate the vehicle traffic
generated by the temporary use either on-site or at alternate locations
acceptable to the review authority;
6. The
use will comply with applicable provisions of other local, State,
or Federal laws or regulations; and
7. Any
other pertinent factors affecting the operation of the temporary use
will be addressed, including the following, to ensure the orderly
and efficient operation of the proposed use, in compliance with the
intent and purpose of this chapter.
B. In addition to the conditions allowed under subsection
A above, conditions may also require the provision of:
1. Sanitary
and medical facilities;
2. Security
and safety measures;
3. Solid
waste collection and disposal.
C. In addition to the conditions allowed under subsections
A and
B above, conditions may also regulate:
1. Nuisance
factors including the prevention of glare or direct illumination of
adjacent properties, dirt, dust, gasses, heat, noise, odors, smoke,
or vibrations;
2. Operating
hours and days, including limitation of the duration of the use or
event to a shorter time period than that requested;
4. Temporary
structures and facilities, including height, placement, and size,
and the location of equipment and open spaces, including buffer areas
and other yards.
(Ord. 01-594 § 2, 2001; Ord. 18-1048 § 7, 2018)
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. 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 Article 19-3 (Site Planning and General Development Standards), as applicable to the use, in addition to those identified in subsection
A of this section, and Section
19.54.070 (Conditions of Approval).
(Ord. 01-594 § 2, 2001; Ord. 09-818 § 7, 2009; Ord. 18-1048 § 7, 2018)
The approval or denial of a temporary use permit may be appealed in compliance with Chapter
19.76 (Appeals). The procedures of Chapter
19.62 (Permit Implementation, Time Limits, and Extensions) shall apply after the approval of the permit.
A. Condition of the Site Following a Temporary Use. Each site
occupied by a temporary use 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 Zoning Ordinance.
B. Revocation. A temporary use permit may be revoked or modified, with only a 24-hour notice, in compliance with Section
19.80.060 (Revocations and Modifications).
C. Extension of the Permit.
1. Temporary Parking Lots. A temporary use permit for a parking lot may be extended in compliance with Section
19.28.140 (Temporary Parking Lots).
2. Other
Temporary Uses. The Director may extend the operational length of
the Temporary Permit if the delay is beyond the control of and was
not the result of actions by the permittee.
3. Expiration.
A temporary use permit shall be considered to have expired when the
approved use has ceased or was suspended.
(Ord. 01-594 § 2, 2001; Ord. 18-1048 § 7, 2018)