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;
3. 
Temporary signs; and
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)