A "temporary use" is defined as a use that takes place in a private property on a nonpermanent basis and does not include the construction of a permanent structure or building. The purpose of this chapter is to identify temporary uses which are low-impact and are limited in duration and intensity, that would otherwise be subject to a site plan review approval, site improvements, and connection to sewer and water.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1095 § 1 (Exh. A), 2023)
A. 
The following temporary uses may be authorized, subject to specific limitations in this section and such additional conditions as may be established by the site plan review committee:
1. 
Contractor's offices, equipment storage sheds and storage yards, and portable lavatories on the site of a permitted, active construction project, for a duration not exceeding one year. Extension requests shall be made by the applicant 60 days prior to expiration and will be reviewed on a case by case basis. Off-street parking shall be provided for construction staff.
2. 
Manufactured home as part of a construction project for office use of construction personnel or temporary living quarters for security personnel for a period extending not more than 90 days beyond completion of construction. A 30-day extension may be granted by the public services department upon written request of the developer and upon the department's finding that such request for extension is reasonable and in the public interest. Off-street parking shall be provided for construction staff.
3. 
Circuses, carnivals, rodeos, fairs, car shows or similar transient amusement or recreational activities occurring on private property. A special event permit is required when the event is on city property. Staff shall ensure that health and fire safety is considered and adequate parking is provided.
4. 
Christmas tree/pumpkin sales lots, limited to location on lots not used for residential purposes in commercial or industrial zones.
5. 
Indoor or outdoor sales sponsored by schools or other nonprofit organizations for no more than three days per event and no more than four times in any calendar year.
6. 
Fundraising car washes.
7. 
Grand Opening. Displays intended to announce the opening of a new enterprise, or enterprise under new management. Displays are allowed on premises only, for a period of 14 days, and must be removed at the end of the 14-day period. Sandwich board signs shall not exceed two and one-half feet by four feet.
8. 
Uses found by the site plan review committee to be similar in nature and impacts to those listed temporary uses.
9. 
Outdoor vendors may be permitted, provided the following conditions are met:
a. 
The provisions of this section shall not apply to any event located on city-owned property or authorized by any other permit issued by the city, such as an authorized festival; very short duration, primarily nonprofit uses such as lemonade and Girl Scout cookie stands; a school facility event; or recreational event if the vendor is in partnership with the organization conducting the event and is located on the site of the event.
For the outdoor vending of food, please refer to Chapter 18.68 YMC.
b. 
Outdoor vendors shall only be permitted to operate on private property in commercial or park and open space (OS) zoning districts.
c. 
Outdoor vending businesses are considered to be temporary in nature and are not to be placed in a permanent way on a property.
d. 
Outdoor vending will only be permitted on properties that have been established with principal uses. Outdoor vending shall only take place on paved properties that fully comply with ADA regulations.
e. 
All signs shall be affixed to the vending cart, stand or stall. Stand-alone signs on any one side of the cart, stand or stall shall be approved as part of the TUP process. This type of sign will not require the issuance of a separate sign permit.
f. 
Vending carts, stands or stalls shall not block a driveway, sidewalk or other point of emergency vehicular access, including emergency access points.
g. 
Vending carts, stands or stalls shall not be located on any sidewalk. If located near a street intersection, the vending cart, stand or stall must maintain a visibility triangle per city code.
h. 
Vending carts, stands or stalls located in parking areas shall not reduce the number of parking spaces required for the principal use. Additional off-street parking spaces must be provided for all employees of the outdoor vending operation unless employees arrive in the vending cart.
i. 
Vending carts, stands or stalls shall provide provisions for proper collection and disposal of all solid waste generated by their operation.
j. 
Vending carts, stands or stalls must be constructed of durable and high-quality materials. Vending carts, stands or stalls must be maintained in good condition and repair. Vending carts, stands or stalls that are in disrepair shall be replaced or removed at the request of the public services department.
k. 
The outdoor vending TUP will be conducted with proper licensing, certification and registration required under the state of Washington, Thurston County and the city, if required.
l. 
Every applicant, before being granted a permit for outdoor vending, shall submit the following:
i. 
Information providing support that the vending operation is in conformance with the regulations outlined in this section.
ii. 
Active business license.
B. 
Standards for Temporary Uses.
1. 
Each site occupied by a temporary use shall be left free of debris, litter or other evidence of temporary use upon completion of the use.
2. 
A temporary use shall not occupy any parking spaces required for the primary use of the property.
3. 
Temporary uses must provide sufficient off-street parking and vehicular maneuvering area for customers.
4. 
Businesses must obtain a Yelm business license.
5. 
The site plan review committee may establish such additional conditions as may be deemed necessary to ensure land use compatibility and to minimize potential impacts on nearby uses. These include, but are not limited to, conditions regulating the time and frequency of operation, parking and traffic circulation requirements, screening, and site restoration.
6. 
Advertising for Sales Events/Grand Openings. Temporary signs are allowed on premises only, for a period of 14 days at a time, limited to four times per calendar year, and must be removed at the end of the 14-day period. Temporary signs shall not be larger than 20 square feet. Sandwich board signs shall not exceed two and one-half feet by four feet.
C. 
Exempt Temporary Uses. The following temporary uses and events are exempt from the requirement for a temporary use permit, but may require other city approval to ensure public health, safety, and welfare:
1. 
Garage sales, yard sales, and the sale of similar home-type products shall be limited to a maximum of three weekends every quarter in a calendar year per residential location.
2. 
Emergency public health and safety activities.
3. 
City sponsored events.
4. 
Events held on city-owned property or public right-of-way shall obtain a special event permit.
(Ord. 995 § 12 (Exh. A), 2015; Ord. 1022 § 14, 2017; Ord. 1095 § 1 (Exh. A), 2023)